Apple Slapped With Lawsuit Over Toxic Chemicals In Its Watch Bands

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Apple is currently embroiled in a class action lawsuit that alleges the company included toxic chemicals known as PFAS (per-and polyfluoroalkyl substances) in its watch bands. This lawsuit follows a study that found elevated levels of perfluorohexanoic acid (PFHxA), a type of PFAS, in nine out of 22 tested watch bands. It also revealed that the pricier watch bands contain higher levels of PFHxA.

Studies have shown that these chemicals are so dangerous, they've earned the title of "forever chemicals". They are branded forever chemicals because they are known to remain in the human body or environment for decades without breaking down. When absorbed in the human body, it has been alleged that PFAS can lead to delays in child development, hormonal imbalances, and even cancer. The presence of PFAS in consumer products has long been established since the 1950s. They were found in clothes, cleaning agents, and many personal care items. However, a recent study by researchers from Notre Dame University is the first to investigate the presence of PFAs in fitness trackers and smartwatch bands. Their findings revealed that several smartwatch bands, including those produced by Apple, contain PFAS. 

Watch manufacturers use PFAS to make watch bands resistant to sweat and oil. However, the same properties that make PFAS fluid-resistant also contribute to their persistence in the body or environment. Highlighting the dangers facing consumers, Notre Dame professor emeritus and study co-author Graham Peaslee observed; "the most remarkable thing we found in this study was the very high concentrations of just one PFAS — there were some samples above 1,000 parts per billion of PFHxA, which is much higher than most PFAS we have seen in consumer products."

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The lawsuit argues that Apple is well aware of the presence of PFAS in some of its products.

Apple prides itself on providing healthy and environmentally safe smartwatches. Therefore, it was a surprise to many when it was alleged that three Apple products -- the Apple Watch Sport Band, Ocean Band, and Nike Sport Band contain PFAS at high levels. According to the products' descriptions, they contain fluoroelastomer, an ingredient that reportedly has PFAS. This revelation ignited the class action complaint on behalf of consumers who bought these smartwatches. The lawsuit argues that Apple is well aware of the presence of PFAS in some of its products and the dangers involved in these toxic chemicals. It also alleges that Apple "continues to hide the existence of PFAS at the point of purchase and otherwise," deliberately misleading buyers into purchasing smartwatches that would endanger them and the environment. 

The plaintiffs then contend that Apple's action violates three California laws: Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. Additionally, they allege fraud, fraudulent inducement, fraudulent omission, fraudulent misrepresentation, negligent misrepresentation, and unjust enrichment against Apple. The essence of this suit is to stop the sale and advertisement of the specified watch bands and obtain monetary compensation on behalf of affected consumers.