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DECEMBER 20, 2022
VOLUME XII, NUMBER 354
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ARTICLE BY
John Gardella
CMBG3 Law
CMBG3 Legal Resource
RELATED PRACTICES & JURISDICTIONS
* Environmental, Energy & Resources
* Litigation / Trial Practice
* Consumer Protection
* Washington
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Advertisement
REI PFAS CONSUMER FRAUD LAWSUIT CONTINUES TREND OF SIMILAR LAWSUITS
Wednesday, November 16, 2022
On October 28, 2022, a PFAS consumer fraud class action lawsuit was filed in
Washington against REI over alleged PFAS content in various articles of
waterproof clothing sold by the company. The REI PFAS consumer fraud lawsuit is
but the latest in a growing line of PFAS lawsuits that allege that certain
consumer goods contain PFAS, that the products or company’s values were marketed
as healthy or environmentally friendly, and that consumers would not have
purchased the products if they knew that the products contained PFAS.
As we predicted in early 2021, the increased attention on PFAS content in
consumer goods in the scientific community and media presented significant risks
to various industries, including the apparel and cosmetics industry, and our
prediction was that the developments would lead to a significant number of
lawsuits alleging consumer fraud. Consumer goods industries, insurers, and
investment companies interested in the consumer goods vertical with niche
interest in cosmetics companies must pay careful attention to the cosmetics
lawsuits and the increasing trend of lawsuits targeting the industry.
REI PFAS CONSUMER FRAUD LAWSUIT
On October 28, 2022, plaintiffs Jacob Krakauer and Joyce Rockwood filed a
lawsuit in Washington federal court seeking a proposed class action against REI.
The lawsuit alleges that REI markets the company and its products as
environmentally friendly and sustainable. Further, the lawsuit cites to
statements made by REI that the company is taking proactive steps with respect
to chemical use in its products to argue that such statements were false,
misleading or induced consumers to purchase products when the presence of PFAS
in the products was not disclosed.
In the Complaint, plaintiffs allege the following counts against REI:
* Violation of state consumer protection laws and the federal Magnuson-Moss
Warranty Act
* Breach of warranty (implied and express)
* Fraud (actual and constructive)
* Fraudulent inducement
* Money had and received
* Fraudulent omission or concealment
* Fraudulent misrepresentation
* Negligent misrepresentation
* Unjust enrichment
* Negligent failure to warn
The plaintiffs seek certification of a nationwide class action lawsuit, with
subclasses defined as consumers n Washington and Arizona. In addition, the
lawsuit seeks damages, fees, costs, the establishment of medical monitoring, and
a jury trial.
JUST THE BEGINNING FOR CONSUMER PRODUCTS COMPANIES
With studies underway, legislation pending that targets consumer goods, and
increasing media reporting on PFAS in consumer goods and concerns over human
health, product manufacturers should be increasingly wary of lawsuits similar to
the REI lawsuit being filed against them. There are an increasing number of PFAS
consumer fraud cases being filed, with some of the below as representative of
recent trends:
* Cosmetics industry:
* Brown v. Cover Girl, New York (April 1, 2022)
* Anderson v. Almay, New York (April 1, 2022)
* Rebecca Vega v. L’Oreal, New Jersey (April 8, 2022)
* Spindel v. Burt’s Bees, California (March 25, 2022)
* Hicks and Vargas v. L’Oreal, New York (March 9, 2022)
* Davenport v. L’Oreal, California (February 22, 2022)
* Food packaging industry:
* Richburg v. Conagra Brands, Illinois (May 6, 2022)
* Ruiz v. Conagra Brands, Illinois (May 6, 2022)
* Hamman v. Cava Group, California (April 27, 2022)
* Azman Hussain v. Burger King, California (April 11, 2022)
* Little v. NatureStar, California (April 8, 2022)
* Larry Clark v. McDonald’s, Illinois (March 28, 2022)
* Feminine hygiene products:
* Gemma Rivera v. Knix Wear Inc., California (April 4, 2022)
* Blenis v. Thinx, Inc., Massachusetts (June 18, 2021)
* Destini Canan v. Thinx Inc., California (November 12, 2020)
As the above is indicative of, several major companies now find themselves
embroiled in litigation focused on PFAS false advertising, consumer protection
violations, and deceptive statements made in marketing and ESG reports. The
lawsuits may well serve as test cases for plaintiffs’ bar to determine whether
similar lawsuits will be successful in any (or all) of the fifty states in this
country. Companies must consider the possibility of needing to defend lawsuits
involving plaintiffs in all fifty states for products that contain PFAS.
It should be noted that these lawsuits would only touch on the marketing,
advertising, ESG reporting, and consumer protection type of issues. Separate
products lawsuits could follow that take direct aim at obtaining damages for
personal injury for plaintiffs from consumer products. In addition,
environmental pollution lawsuits could seek damage for diminution of property
value, cleanup costs, and PFAS filtration systems if drinking water cleanup is
required.
CONCLUSION
It is of the utmost importance that businesses along the whole supply chain in
the consumer products industry evaluate their PFAS risk. Public health and
environmental groups urge legislators to regulate PFAS at an ever-increasing
pace. Similarly, state level EPA enforcement action is increasing at a
several-fold rate every year. Now, the first wave of lawsuits take direct aim at
the consumer products industry. Companies that did not manufacture PFAS, but
merely utilized PFAS in their manufacturing processes, are therefore becoming
targets of costly enforcement actions at rates that continue to multiply year
over year. Lawsuits are also filed monthly by citizens or municipalities against
companies that are increasingly not PFAS chemical manufacturers.
©2022 CMBG3 Law, LLC. All rights reserved.National Law Review, Volume XII,
Number 320
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--------------------------------------------------------------------------------
About this Author
John Gardella
Shareholder
John Gardella is a Shareholder at CMBG3 Law in Boston, a law firm specializing
in the regulatory, litigation, and compliance aspects of numerous environmental
and toxic torts issues. He is a member of the firm’s PFAS Team, which counsels
clients on PFAS related issues ranging from state violations to remediation
litigation. Mr. Gardella has over 15 years of experience litigating
environmental and toxic torts matters, including asbestos, PFAS, benzene, lead
paint, mold, talc, hazardous waste and pollution matters. He is a successful
trial attorney with over 75 verdicts to...
jgardella@cmbg3.com
617-279-8225
www.cmbg3.com
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Your data can be used to monitor for and prevent fraudulent activity, and ensure
systems and processes work properly and securely. View details
TECHNICALLY DELIVER ADS OR CONTENT
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Your device can receive and send information that allows you to see and interact
with ads and content. View details
MATCH AND COMBINE OFFLINE DATA SOURCES
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Data from offline data sources can be combined with your online activity in
support of one or more purposes View details
LINK DIFFERENT DEVICES
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Different devices can be determined as belonging to you or your household in
support of one or more of purposes. View details
RECEIVE AND USE AUTOMATICALLY-SENT DEVICE CHARACTERISTICS FOR IDENTIFICATION
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Your device might be distinguished from other devices based on information it
automatically sends, such as IP address or browser type. View details
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CONFIRM OUR VENDORS
Vendors can use your data to provide services. Declining a vendor can stop them
from using the data you shared.
TCF vendors
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SOVRN HOLDINGS INC
Cookie duration: 365 (days).
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GOOGLE ADVERTISING PRODUCTS
Cookie duration: 396 (days). Uses other forms of storage.
View details | Privacy policylaunch
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