A newly proposed class action lawsuit about PFAS in cosmetics is raising question about how it could impact the manufacturing of products used by millions of consumers every day.
Davenport v. L’oreal was filed in federal court Feb. 22 in the Central District of California.
The case represents a relatively new area of PFAS litigation, which usually involves environmental issues, Albert Lin, professor of law at UC Davis School of Law, told the Northern California Record.
Separate PFAS litigation has been filed against Cover Girl and Shiseido.
“I think the set of lawsuits – that those represent a new development in terms of the PFAS litigation,” Lin said. “There's been a fair amount of legal activity over PFAS, but they’ve tended to concentrate on environmental cleanup and health claims related particularly to PFAS manufacturers.”
But in terms of companies incorporating PFAS into their products, there’s been less of that litigation so far, Lin said.
The Food and Drug Administration (FDA) states that PFAS (Per- and polyfluoroalkyl substances) are chemicals that have been used since the 1940s in many consumer and industrial products because of their resistance to oil, grease, heat, and water.
It remains to be seen whether the L’oreal case is certified as a class action lawsuit, which must have common questions of law and fact.
California’s AB 2762, taking effect in 2025, bans certain types of PFAS in products. Another bill currently pending before the Legislature, AB 2771, proposes an outright ban on PFAS. U.S. Sen. Dianne Feinstein, D-CA, has also introduced legislation to regulate PFAS in cosmetics at the federal level.
“There’s the experience factors which you could apply here,” Lin said. “And certain features about the sorts of claims that are being brought, which could lend themselves to class action certification; namely we're talking about claims of essentially the failure to disclose the presence of PFAS and claims that the cosmetics are safe.”
Lin noted that because PFAS is used in so many products, it would not be surprising to see more claims – not just with cosmetics – given the growing concern about PFAS.
The FDA’s monitoring of PFAS states that research is limited about whether PFAS in cosmetics pose health risks for consumers.