Class action against Apple: Eternal chemicals in Watch bands?
Are there toxic PFAS in Apple products that are worn on the skin? That's what a new class action lawsuit in California claims.
Woman with an Apple Watch: Toxic in the wristband?
(Image: mpohodzhay / Shutterstock.com)
Apple is facing another class action lawsuit over one of its products. This time it is about some Apple Watch wristbands. The civil complaint (Case 5:25-cv-00713-VKD) filed by a law firm on behalf of affected parties states that, despite Apple's claims to the contrary, the products contain so-called perpetuating chemicals, i.e. perfluorinated and polyfluorinated alkyl compounds, or PFAS for short. These are toxic substances that accumulate in the body and the environment and are virtually indestructible.
Fraud and violation of competition law?
The lawsuit filed in the United States District Court for the Northern District of California seeks damages from Apple, among other things. The causes of action include violation of competition law, deceptive advertising, fraud and attempt to conceal fraud, as well as violations of the Consumers Legal Remedies Act, which grants end customers class action rights against companies in certain cases.
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The lawsuit refers to a study by the University of Notre Dame in which "significant" PFAS levels were found in a total of 15 bracelets. It remains unclear whether the toxins enter the body when worn. The products examined came from 22 well-known brands. However, the study does not explicitly mention which bracelets contained PFAS. However, it was reported that Apple, Nike, Fitbit and its parent company Google were among those tested.
These are all plastic bands, some of which are advertised directly with the words "fluoroelastomer band", which indicates PFAS. Apple also uses this term in its popular Sport Band. PFAS was discovered in particular in more expensive wristbands, which were up to 50 US dollars more expensive than those without the substance class.
Three wristband classes affected according to the lawsuit
The lawsuit in California is aimed at all Apple Watch users who purchased a Sport Band, a Nike Sport Band or an Ocean Band, or received one with their Apple Watch. The plaintiffs allege that "elevated levels" of PFAS were discovered in these products. It is unclear whether the judge in charge will actually grant class action status to the lawsuit – but this is often done. Apple said in a statement after the lawsuit was filed that the wristbands were "safe" to wear. In addition to its own tests, it also worked with independent laboratories to conduct "rigorous testing and analysis" of the materials used in its products, including the wristbands for the Apple Watch.
Apple itself had already announced in a white paper in 2022 that it wanted to "phase out" PFAS from its products. The paper states that the PFAS class most heavily used in its products are fluoropolymers. "While our analysis showed that these materials are safe to use in the product, we felt it was important to broaden our view and consider manufacturing along the supply chain. We came to the conclusion that our goal must be to restrict the use of all PFAS compounds." However, a complete end to its use "from Apple products and processes" would take time.
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(bsc)