SAN FRANCISCO (Legal Newsline) - A class action lawsuit says the maker of a kids swallowable toothpaste neglects to mention the presence of chemicals known as PFAS.
Plaintiffs Alana Watkins and Jo Ann Accardi filed a lawsuit June 11 in U.S. District Court for the Northern District of California against Illuminati Labs LLC and RiseWell LLC, alleging that the companies' children's toothpaste contains harmful levels of PFAS chemicals despite being marketed as natural and safe to swallow.
The plaintiffs claim that the product's labeling and advertising are misleading, violating several consumer protection laws in California and New York. They seek damages, restitution, and an injunction to prevent further deceptive practices.
PFAS are dubbed "forever chemicals" because they persist in groundwater and human tissue for years. The federal government has set a maximum contaminant level for PFAS, even as groups call the move premature. Much of the research regarding their effect on the human body is disputed.
Litigation has sprung up in recent years, including private lawyers aligning themselves with government officials to represent them on contingency fees. Many of the cases are in a multidistrict litigation proceeding in South Carolina federal court, while consumer class actions are also being filed around the country.
L. Timothy Fisher and others at Bursor & Fisher represent the plaintiff.