LITIGATION TRENDS 2025 | 33 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C of the product, and false advertising or consumer protection class actions based on a manufacturer’s marketing practices. Regulatory complexity adds yet another layer of difficulty – some products comply with FDA or EPA standards but are still at risk of litigation, as some plaintiffs have successfully argued that legal compliance does not necessarily equate to safety. As scientific research and consumer protection laws evolve, plaintiffs in toxic ingredient class actions are leveraging multiple legal theories to try to hold manufacturers accountable. Plaintiffs commonly bring failure to warn claims, arguing that companies knew or should have known about potential health risks but failed to provide adequate warnings to consumers. As new studies emerge linking chemicals to health concerns, courts are beginning to accept these arguments even where regulatory agencies have not explicitly banned a substance. For instance, class actions have been initiated against manufacturers based on a single study by testing laboratory Valisure, linking benzoyl peroxide acne products to impermissibly high levels of benzene. Contaminated products may be subject to a recall, leaving companies with considerable damages and reputational damage. Another key theory is false advertising, whereby companies that market their products as “safe,” “natural,” or “non-toxic” may face liability if their products contain harmful substances. This legal theory can also bring significant damages, as plaintiffs seek to recover the difference between the price they paid for the product and the true market price that reflects the alleged misleading or false advertising. Defending against toxic ingredient lawsuits presents significant challenges for manufacturers. Scientific uncertainty is a major hurdle, as many cases rely on emerging research rather than definitive scientific consensus. This introduces factual disputes that can extend the lawsuit past the pleading stage. Class certification also poses a risk for defendants, as plaintiffs argue that exposure to a toxic ingredient creates a common injury, even if individual consumers experience different health effects. To reduce litigation risks, manufacturers should take a proactive approach to ingredient safety and consumer transparency. Legal exposure may be reduced by clearly listing all ingredients and avoiding misleading marketing claims. Regular safety testing should also be implemented, as independent lab verification can help manufacturers confirm the safety of their products. Further, by verifying scientific studies and reformulating products based on the latest research, companies may be able to stay ahead of potential litigation. In an era where consumer safety concerns are paramount, companies that demonstrate a commitment to transparency and compliance are more likely to maintain consumer trust and avoid costly litigation. CROSS-PRACTICE FOCUS Class Actions MITIGATING TOXIC INGREDIENT CLASS ACTION RISK Clearly list all ingredients and avoid misleading marketing claims 1 Implement regular safety testing via independent laboratories 2 Reformulate products based on latest scientific studies and best practices 3 32 | Weil, Gotshal & Manges LLP
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