The lawsuit accuses Apple of selling products with PFAS despite being aware of its harmful effects. Apple has pledged to phase them out, but says it 'will take time.'
Apple has been hit with a class-action lawsuit for allegedly selling Watch bands containing excessive levels of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals."
PFAS chemicals -- good at resisting water, sweat, and oil -- are found in many consumer products, including nonstick cookware, mattress pads, waterproof clothing, and watch bands. These chemicals take "forever" to break down, and exposure beyond certain levels can increase the risk of cancer, according to the EPA.
The lawsuit against Apple, spotted by The Register, accuses the company of using fluoroelastomers in three Apple Watch bands -- the Sport Band, Ocean Band, and Nike Sport Band. Fluoroelastomers, though durable and comfortable, are a polymeric form of PFAS.
Citing Apple's 2022 commitment to phase out products containing PFAS, the lawsuit accuses Apple of knowingly selling products containing these harmful substances and failing to adequately warn consumers about the associated risks.
"In respect of watches, [Apple] continues to hide the existence of PFAS at the point of purchase and otherwise," the lawsuit claims. "Consumers, therefore, reasonably would have no way of knowing the products are laced with harmful chemicals and instead believe what [Apple] falsely promises."
The suit also states that Apple could have notified its health-conscious customers about the harmful toxins by using a different wristband material. But doing so would have hurt its "unfair competitive advantage over those in the market who decline to affirmatively promise health or environmental sustainability," the suit alleges.
In late 2022, Apple said it planned to "thoughtfully phase out PFAS in a way that does not result in regrettable substitutions [and prioritize] our phaseout activities on applications that result in the highest volumes of PFAS reductions and the most meaningful environmental impact.
"It will take time for Apple to completely phase out PFAS from our products and processes because of the challenges related to compiling a comprehensive catalog of PFAS use, identifying and developing non-PFAS alternatives that can meet the performance needs for certain critical applications, and taking into account the time needed for material qualification," it said at the time.
The plaintiffs, which include anyone who bought the bands at issue, are demanding damages, an injunction that blocks Apple from falsely marketing products, and penalties, among others.
A similar class-action lawsuit was filed against Samsung last month.
A study conducted by the University of Notre Dame confirmed the presence of PFAS in 15 smartwatch bands.