In a recent class action complaint filed on May 28, 2024, in the United States District Court for the Northern District of Illinois, plaintiff Christy Borovoy has accused The Procter & Gamble Company of misleading consumers regarding its Tampax brand women’s hygiene products. Borovoy alleges that the company falsely marketed these products as “Pure Cotton” and environmentally friendly, which she claims is not entirely accurate.
The complaint, brought forth by Borovoy individually and on behalf of all others similarly situated, centers around the representation of Tampax tampons as containing "100% Organic Cotton Core" and being free from dyes, fragrances, and chlorine bleaching. However, Borovoy contends that other components of the product are not pure cotton but include synthetic materials such as polypropylene and polyester. These ingredients are significantly altered from their original state through various chemical processes. Additionally, the product contains titanium dioxide—a mineral processed using high heat and chemicals—which contradicts the "pure" label.
Borovoy argues that consumers place high value on personal care products labeled as “pure” due to concerns about health and environmental impacts. She cites academic studies indicating that consumers are willing to pay more for products they believe contain unaltered natural components. According to her complaint, The Procter & Gamble Company capitalized on this consumer preference by marketing their product deceptively.
The plaintiff also takes issue with the claim that Tampax tampons are free from dyes and chlorine bleaching. While technically true, Borovoy asserts this statement is misleading because titanium dioxide serves a similar purpose as a white pigment in the product's components.
Furthermore, Borovoy challenges the environmental claims made about the tampon applicators being “90% Plant Based.” She references survey results showing most consumers mistakenly believe plant-based plastics are biodegradable or compostable when they behave identically to conventional plastics in terms of environmental persistence.
As a result of these alleged misrepresentations, Borovoy claims she and other consumers paid premium prices for Tampax products under false pretenses. She seeks certification of a class action lawsuit under Fed. R. Civ. P. 23 for all persons in Illinois who purchased these products within the statute of limitations period for each cause of action alleged.
The plaintiff demands several forms of relief including monetary damages (both statutory and punitive), interest, costs and expenses (including attorney fees), restitution, disgorgement of profits obtained through alleged misconduct, and any other relief deemed just by the court.
Representing Borovoy in this case are attorneys Sue J. Nam, Michael R. Reese, Kate J. Stoia from Reese LLP; Spencer Sheehan from Sheehan & Associates P.C.; and James Chung from Chung Law Firm P.C.. The case has been assigned Case ID: 1:24-cv-04366.