America’s most popular condom brand is being sued over claims it failed to disclose how its product contained toxic chemicals.
Matthew Goodman, the only person named in the proposed class action law suit, purchased a pack of Trojan Ultra Thin condoms from a New York pharmacy in October 2023. The pack was then sent to an independent lab and was found to contain PFAS – microscopic substances linked to infertility and cancer.
The proposed lawsuit- which includes 100 more anonymous people in addition to Goodman – is against Church & Dwight company Inc., the manufacturer of the brand, which is worth an estimated $24.9billion.
The lawyers said their clients wouldn’t have purchased the product if they had known it contained these chemicals, and that their packaging should make clear these claims.
The proposed lawsuit alleged that the packaging for the products does not disclose the presence of PFAS. Lawyers said: ‘Based on the label, he reasonably believed the Product was safe for use on his genitalia. But the Product contained PFAs’
‘Defendant’s false statements, misleading, and material omissions are intentional and careless, and render their condoms worthless or less valuable,’ the suit, filed both in New York and nationally, reads.
In recent years, PFAS, also known as forever chemicals, have gained national attention – for their widespread use in everything from pesticides to packaging.
Research suggests the vast majority of Americans therefore have at least a small amount of the chemicals in their blood.
Some of these get shipped out of the body, but others get caught in the blood stream, building up over time and causing inflammation, which could be what explains their link to a myriad of health conditions.
Dr Linda Birnbaum, a board certified toxicologist at the National Institute of Environmental Health Sciences said these chemicals have been linked to: ‘a tremendous increase in what’s called chronic non-communicable diseases. Asthma, heart disease, cancer, stroke, preterm birth. We’re seeing tremendous decreases and problems with fertility.’
In 2020, Trojan was once again the most popular condom brand in the US – selling to an estimated 25million consumers, according to Statista. Competitors like Durex and Lifestyles sold 5.3million and 6.7million people, respectively.
One 36 pack of Trojan Ultra Thin condoms sells for $20.49 through Target – about .57 cents per individual product.
It’s unclear what Mr Goodman paid when he purchased this product from his local New York pharmacy.
But the complaint said he said he reviewed the product label when purchasing the Trojan Ultra Thin condoms, and saw no disclosures or statements about PFAS.
The prosecuting team sent the condoms to an independent lab to test them and found there were PFAS in the products. It’s unclear if they tested just the Ultra Thin condoms or if they also included any of the other 30 types of condom Trojan manufactures.
The suit said if Mr Goodman, and other plaintiffs, had been aware of PFAS in the products, they wouldn’t have bought the products, or wouldn’t have purchased them for the same price.
The suit said Trojan is able to charge a ‘premium above the price for condoms charged by competitors and generic manufacturers.’
Mr Goodman therefore suffered ‘economic injuries’ because of ‘misrepresentations and omissions’.
The over 100 people included in the suit therefore seek economic damages, which could together exceed $5million in interest and costs.
This is the first known class action of its kind to be leveled against condom-maker.
Separate testing earlier this year of condoms found separate testing earlier this year of condoms likewise found PFAS in Trojan products. In regards to that study, Dr Birnbaum said: ‘Because condoms are an exposure to the most sensitive areas of the human body for men and women, I would strongly recommend the industry identify and remove these chemicals immediately’.
The above graphic from Toxic Free Future shows how toxic PFAS chemicals get into food products
In the past few years, suits have been brought against other consumer good for concerns that their products or packaging could contain PFAS. These include suits against Snapple, Target Bandages and Kerrygold butter.
The Snapple and Kerrygold suits have been dismissed and the Target suit appears to be ongoing.
This likely has to do with increased public awareness about the use of forever chemicals – which are used to manufacture plastic, building materials, paint and agricultural chemicals.
From these streams, forever chemicals can get from products into your body by being inhaled, ingested or applied to the skin. The molecules are so small that if you’re exposed to them in high enough levels, they can pass through pores in the skin and be absorbed into the blood stream.
The skin on genitalia is a bit more thin and absorptive than the skin covering the rest of the body, and heat can speed up the absorption of chemicals overall, the suit alleged.
The 24 page document reads: ‘The female and male genitals have delicate tissues that are more prone to absorbing chemicals than other areas of the body. When condoms are placed on genitalia, PFAS can be absorbed readily.’
Once forever chemicals enter the blood stream, some stick around, accumulating up in the body over time, potentially causing the health effects that experts like Dr Birnbaum highlight.
However, the EPA notes this accumulation is likely only common in people frequently exposed to high levels of forever chemicals, like factory workers and firefighters.
Still, the suit alleged, there should be a warning for condom users who might be exposed to these chemicals when they use a Trojan product.
It reads: ‘No reasonable consumer would expect that a product marketed for use on genitalia contain dangerous PFAS, which are indisputably linked to harmful health effects in humans. Accordingly, Plaintiff and Class Members suffered economic injuries as a result of purchasing the Product’.
