A California woman has initiated legal action against S.C. Johnson, the company behind the popular Ziploc brand, alleging that certain Ziploc products contain undisclosed microplastics that pose a risk to consumers and constitute deceptive marketing practices.
Linda Cheslow, a resident of Santa Rosa, California, filed a class action complaint in the U.S. District Court for the Northern District of California on April 25th, according to official court documents. The lawsuit aims to represent a nationwide class of consumers who have purchased the allegedly affected Ziploc products.
Cheslow’s complaint specifically targets Ziploc products that are marketed as "microwave safe" or "freezer safe." The core of the allegation is that these products, when subjected to microwaving or freezing temperatures, release microplastics. This release, according to the lawsuit, renders the products fundamentally unfit for their intended and advertised use.
The lawsuit asserts that S.C. Johnson’s alleged misrepresentation of the products’ safety and suitability constitutes unfair, unlawful, deceptive, and misleading business practices. It contends that consumers are led to believe that Ziploc bags and containers labeled as "microwave safe" and "freezer" are indeed safe for use in those appliances.
However, the lawsuit claims that the products are manufactured using materials that release microplastics when exposed to the conditions associated with microwaving or freezing. These microplastics, the lawsuit alleges, then leach into the food being stored or heated within the Ziploc containers and bags. This poses a direct risk to consumers who ingest the food.
The complaint emphasizes the potential health risks associated with the ingestion of microplastics, citing research that suggests microplastics can harm the digestive tract, immune system, and reproductive system. The lawsuit highlights the "Material Omission" as meaningful to consumers, given the growing body of scientific evidence linking microplastic ingestion to adverse health outcomes.
The lawsuit cites a study in the National Library of Medicine that defines microplastics as small plastic particles resulting from the breakdown of larger plastic materials. It further references a 2023 study published in the Environmental Science & Technology journal, which found that microwaving food in plastic containers releases a significant amount of microplastics into the food. The same study revealed that refrigerating food in plastic containers also leads to the release of substantial quantities of microplastics over a six-month period.
The lawsuit points to the Environmental Working Group’s findings that prolonged ingestion of microplastics can lead to a range of health problems.
The products included in the lawsuit are specifically Ziploc bags and containers that are labeled "microwave safe," "freezer," or both. The initial complaint provides a non-exhaustive list of the products covered by the lawsuit.
The Cheslow complaint requests the court to define the class of plaintiffs as all consumers nationwide who have purchased the products within the applicable statute of limitations. For consumers residing in California, the complaint requests the statute of limitations to be defined as the last four years.
In a class action lawsuit, a group of individuals who have experienced similar harm due to the actions of the same entity comes together to pursue legal recourse. Harvard Law School defines a class action as a civil lawsuit brought on behalf of such a group. Before a lawsuit can proceed as a class action, a court must certify it as such.
In the event that a class action lawsuit results in a settlement, members of the class who choose to participate in the case receive an equal share of the settlement money. The plaintiff in the lawsuit against S.C. Johnson seeks to represent all consumers across the country who purchased the specified Ziploc products within the relevant statute of limitations period.
The increasing awareness of microplastic contamination and its potential health implications has fueled consumer concern and legal action. The lawsuit against S.C. Johnson underscores the growing demand for transparency and accountability from manufacturers regarding the safety and environmental impact of their products.
Microplastics, ubiquitous in the environment, are increasingly found in food, water, and even the air. Studies have shown that humans ingest microplastics through various pathways, including the consumption of contaminated food and beverages. While the long-term health effects of microplastic ingestion are still being investigated, emerging research suggests potential risks to human health.
The lawsuit against S.C. Johnson raises significant questions about the safety of plastic food storage containers and bags, particularly when used in conjunction with microwaving or freezing. It also highlights the importance of clear and accurate labeling to enable consumers to make informed choices about the products they use.
The case is a class action, meaning it has been filed on behalf of anyone around the country who has purchased the products. A class action is a type of civil lawsuit brought on behalf of a group of people who have been harmed in the same way by the same entity, according to Harvard Law School. A court has to certify a lawsuit as a class action before it proceeds as one.
In a class action lawsuit where a settlement is reached, members of the class who opt into the case receive an equal portion of the money.The plaintiff in the lawsuit against S.C. Johnson is pushing for the class in the case to be defined as all consumers nationwide who have purchased the products within an applicable statute of limitations period.
For consumers in California, the complaint requested the statute of limitations to be defined as the last four years.
