The plaintiffs argue that Apple marketed its smartwatch as ‘the ultimate device for a healthy life’—while knowing it contained hazardous forever chemicals.

Apple has been doing damage control ever since a study found that its smartwatch bands contained “elevated levels” of so-called forever chemicals. Lawyers in California also filed a class action lawsuit earlier this year alleging that the company misleadingly marketed the watches as “safe” and “healthy.” The University of Notre Dame tested 22 smartwatch bands coated in fluoroelastomers to make the rubber materials more resistant to sweat and oil. They found that nine of them—including bands used in Apple smartwatches— had “very high concentrations” of perfluorohexanoic acid (PFHxA). This chemical is a polyfluoroalkyl substance (PFAS), known as a “forever chemical” because it breaks down slowly in the environment and builds up in the human body over time, causing health problems. The company has responded publicly, maintaining that the watch bands are “safe for users to wear” and referring to Apple’s “rigorous testing and analysis” of materials before bringing products to the market.

At the same time, the plaintiffs in the class action lawsuit point to studies showing that PFAS can be absorbed through the skin. However, the Notre Dame study notes that research on dermal absorption is “limited,” and other research on durable waterproof clothing containing PFAS shows that forever chemicals are less likely to enter through the skin compared to other pathways, such as eating or drinking contaminated food and water or inhaling dust.

The lawsuit joins other large class action lawsuits alleging that clothing made with PFAS causes lasting health hazards, including cancer. Firefighters have been at the forefront of PFAS litigation nationwide, winning billions in settlements against chemical companies over the use of PFAS in foam. More recently, they’ve turned their attention to protective gear, which is often made by the same companies, including 3M and DuPont. For example, Connecticut firefighters’ unions launched a $5 million lawsuit last summer seeking relief from the companies that produce their equipment. In February, a man in Vallejo sued Gore-Tex for allegedly using PFAS in its raincoats. Notably, REI prevailed in a similar case last year after the plaintiff failed to prove its jackets contained significant levels of PFAS.

Forever chemicals are ever-present in the environment and can enter the body from multiple sources, so the plaintiffs in the Apple lawsuit may find it difficult to establish that they suffered actual damages from wearing Apple watches versus other more common pathways like inhalation or ingestion. Instead, the plaintiffs are focusing on false advertising as their primary cause of action, highlighting Apple’s marketing of its smartwatch as “the ultimate device for a healthy life.” They argue that Apple deceptively advertised their products as “safe” in violation of California’s Unfair Competition Law. The plaintiffs contended that Apple knew forever chemicals are hazardous and that their products contained PFAS.

Apple announced in 2022 that it would completely phase out PFAS in its supply chain but claimed that existing materials containing PFAS are “safe during product use.”