An activist organization known as a prolific filer of lawsuits under California's controversial Proposition 65 toxic substances law has made an Arizona baby products company one of its latest targets, alleging that some of its baby and toddler bibs contain “forever” chemicals linked to cancer.
Ecological Alliance LLC filed the lawsuit against Bumkins Finer Baby Products Inc. March 15 in Los Angeles County Superior Court. The complaint alleges that the Arizona company failed to warn Californians about the presence of perfluorooctanoic acid (PFOA) in its DC Comics- and Marvel Comics-themed Superbibs, in violation of the 1986 state proposition that mandates warnings on products with cancer or reproductive risks.
“Because of the PFOA in the Superbibs, this leads to direct oral exposure of PFOA to the babies and infants during feedings,” the lawsuit states.
The complaint indicates that the bibs are designed for infants and toddlers who are 6 to 24 months old and that the synthetic chemicals in the products could be harmful. PFOA exposure could lead to developmental deficiencies in children, including low birth weights, behavior abnormalities and accelerated puberty, the legal complaint states.
“Because PFOA accumulates in body tissue over time, there is no treatment to remove it from the body,” the lawsuit says. “The most obvious way to avoid exposure is for consumers to avoid products which they know contain it.”
The state Attorney General’s Office reports that the attorney who filed the lawsuit, Vineet Dubey, has settled more Proposition 65 lawsuits than any attorney in the nation during a recent three-year period. Such litigation has been criticized in the 2023-2024 Judicial Hellholes Report from the American Tort Reform Federation. The report notes Prop 65 has been used to target so many kinds of industries based on questionable environmental studies.
But a spokeswoman for the environmental health advocate Toxic-Free Future said chemicals classified as polyfluoroalkyl substances (PFAS), including PFOA, can pose harm to children.
“Children are exposed to PFAS through many routes, and it’s especially urgent to make sure the products kids use are free of these forever chemicals,” Stephanie Stohler told the Southern California Record. “Exposure to PFAS has been associated with weakened immune systems, cancer, high cholesterol and other health problems, so clearly companies need to do more to ensure their products are truly PFAS-free.”
PFAS have been used in products to make them more resistant to stains and grease, according to Stohler, adding that some state governments are taking actions to phase out such chemicals.
In turn, more and more retailers are adopting policies to eliminate PFAS from their products, including outdoor and textiles brands, according to Stohler.
Bumkins Finer Baby Products did not respond to a request for comment. The lawsuit asks the Los Angeles County Superior Court to permanently block the company from manufacturing or selling the bibs without first providing warnings to consumers in accordance with Proposition 65.
The plaintiff is also seeking attorneys’ fees and court costs, as well as whatever civil penalties the court finds appropriate.