Band-Aid Class Action: Are Your Bandages Toxic?

A class action lawsuit has been filed against Band-Aid manufacturers Kenvue and Johnson & Johnson, alleging that the bandages contain harmful PFAS "forever chemicals" linked to cancer and other health issues.

Consumers Affected: Consumers who have purchased and used Band-Aid products.

Reason for Lawsuit: Allegations of false advertising and deceptive marketing practices, claiming that Band-Aid manufacturers concealed the presence of PFAS and misled consumers about the product's safety.

Court: The class action lawsuit was filed in the U.S. District Court for the Eastern District of New York.

When you put a Band-Aid bandage over a wound you hardly expect it to do more harm than good, but a new lawsuit is making allegations that the popular consumer product does just that by exposing users to harmful carcinogens.

Band-Aid manufacturers Kenvue and its parent company Johnson & Johnson have been hit with a proposed class action lawsuit accusing them of falsely advertising Band-Aids as being safe, when they in fact contain PFAS, which have “toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.” 

The lawsuit accuses the companies of marketing the bandages to health-conscious consumers and using language to appeal to them, when the products aren’t actually safe for use.

Lawsuit Claims Band-Aids Contain Toxic Chemicals

Rebekah Badilla filed the proposed class action lawsuit in New York, accusing Kenvue and Johnson & Johnson of violations of New York business law and unjust enrichment. She said the companies gained the trust and confidence of consumers, including herself, through their marketing of Band-Aids, which resulted in her buying them a number of times over the years. 

Had she known they contained PFAS, she would have never purchased or used them, she says. Because of the companies’ failures, she said she and others who purchased the bandages “have suffered and will continue to suffer serious injury.”

“Defendants’ knowingly false and misleading representations have the intended result of convincing reasonable consumers that their Products are without “chemical” or “artificial” ingredients and therefore do not contain artificial, man-made, toxic chemicals,” the lawsuit reads.

“No reasonable consumer would consider purchasing Defendants’ Products if they knew that the Products contained harmful, artificial PFAS chemicals.”

What Are PFAS and Why Are They Dangerous?

Man-made per- and polyfluoralkyl substances (PFAS) are known as forever chemicals because, as the lawsuit explains, they break down slowly, if at all.

Because PFAS chemicals don’t break down quickly, and are in a range of household and cosmetic items, they can build up in the body through repeated exposure and they have been linked to a range of health issues including increased cholesterol, changes in the body’s hormones and immune system, decreased fertility, and increased risk of certain cancers, the lawsuit states.

According to the lawsuit, the PFAS chemicals have been used by Band-Aid makers for their waterproof qualities and to increase wettability and penetration of the substrate, resulting in a stronger bond of the band aid to the skin.

EPA Designates PFAS as Hazardous

In April, PFAS were designated by the Environmental Protection Agency as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The agency determined they meet the criteria because of studies showing they have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.

The agency ruled exposure could lead to:

• Reproductive effects such as decreased fertility or increased high blood pressure in pregnant women
  
  
• Developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes
  
  
• Increased risk of some cancers, including prostate, kidney, and testicular cancers
  
  
• Reduced ability of the body’s immune system to fight infections
  
  
• Increased cholesterol levels and/or risk of obesity 

Band-Aid Joins List of Products Under Fire for PFAS Contamination

As consumers get more awareness about the harmful effects of PFAS and their prevalence in consumer products, they are increasingly holding companies to account in consumer lawsuits.

Recently, firefighters in Connecticut sued chemical giants 3M and DuPont, along with nearly two dozen other companies, alleging their protective gear is contaminated with harmful "forever chemicals" known as PFAS.

The manufacturer of RiseWell Kids Mineral Toothpaste maker was hit with a new lawsuit accusing it of allowing PFAS in the children’s toothpaste, posing serious health risks to youngsters.

Meanwhile, Costco and Nice-Pak Products were just hit with a lawsuit alleging their Kirkland Signature Baby Wipes, marketed as being made from naturally derived products, contain unsafe levels of PFAS after parents had scientists conduct tests on the wipes in a government approved lab. 

In another case, a California mom filed a class action lawsuit against Coterie Baby, a popular eco-friendly diaper company, alleging deceptive marketing, accusing Coterie Baby of falsely advertising its diapers as "PFAS-free" despite containing these potentially harmful chemicals. 

In the Band-Aid PFAS class action lawsuit, Badilla said she wants to represent herself and the “estimated thousands—if not millions” of Band-Aid users exposed to PFAS, and she is seeking monetary, equitable, injunctive, and declaratory relief. 

Case Details

• Lawsuit: Badilla v. Kenvue Inc., et al.
• Case Number: 1:24-cv-04710-AMD-RML 
• Court: U.S. District Court for the Eastern District of New York 

Plaintiffs' Attorney:

• Jason P. Sultzer and Daniel Markowitz (Sultzer & Lipari, PLLC )
• Charles E. Schaffer (Levin Sedran & Berman LLP)
• Marlene J. Goldenberg and Samantha V. Hoefs (Nigh Goldenberg Raso & Vaughn PLLC)