- COURT: S.D.N.Y.
- TRACK DOCKET: No. 1:24-cv-06813
Trojan condoms made by
“No reasonable consumer would expect that a product marketed for use on genitalia contain dangerous PFAS, which are indisputably linked to harmful health effects in humans,” according to the complaint filed Monday in the US District Court for the Southern District of New York.
The complaint is the latest in a wave of consumer suits alleging common household products are unsafe to use because of PFAS contamination. Consumers have sued beverage companies, bandage makers, and even the makers of Kerrygold butter over PFAS presence.
The chemicals are also known as “forever chemicals” because strong carbon and fluorine bonds mean they don’t easily break down in the environment or body. PFAS have been used in a variety of industrial processes since the mid-twentieth century because of their heat-resistant and water-repellent properties. Elevated exposure to the substances has been linked to an increased risk of certain types of cancer as well as hormonal and immune system disruptions.
When it comes to condoms, lead plaintiff Matthew Goodman alleged PFAS presence is especially noteworthy because the chemicals can be absorbed through the skin.
“The female and male genitals have delicate tissues that are more prone to absorbing chemicals than other areas of the body,” the complaint said. “What is more, when body temperature increases during sexual intercourse, the heat can increase the transfer of PFAS through the skin barrier.”
Goodman said he and other potential class members wouldn’t have paid as much for the condoms if they’d known about the products “harmful ingredients.”
He seeks to represent a nationwide consumer class as well as a New York subclass.
Goodman brings claims under the New York General Business Law as well as claims for breach of implied warranty, fraudulent concealment, and unjust enrichment. He is asking for damages.
Church & Dwight didn’t immediately respond to a request for comment.
Judge Victor Marrero is assigned to the case.
Goodman is represented by Bursor & Fisher PA.
The case is Goodman v. Church & Dwight Co. Inc., S.D.N.Y., No. 1:24-cv-06813, complaint filed 9/9/24.
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