William Gallagher
A class action lawsuit has been filed against Apple over the use of fluoroelastomer in several Apple Watch bands, saying the company is hiding how it is using dangerous chemicals.
As long ago as 2015, when it filed a patent regarding Apple Watch bands, Apple has been aware of health concerns over the fluoroelastomer material it uses in some bands such as the basic Sport Band. At the time, it was claimed that the particular fluoroelastomer recipe used had been strenuously tested to prevent rashes and other skin reactions.
Ten years later, the company is being sued for the use of this material, and accused of promoting a health device that is unhealthy. The suit targets Apple's Sport Band — which comes as standard with an Apple Watch — plus the Ocean Band, and the Nike Sport Band.
The class action suit, filed in the Northern District of California, claims that Apple is aware of the issues in these bands. Allegedly, Apple has only made a "supposed and largely hidden promise" to stop selling these bands.
That accusation of a hidden promise refers to a November 2022 report by Apple saying that it was committed to stop using what are called per- and polyfluoroalkyl substances (PFAS). According to the These PFAS are commonly called "forever chemicals," which the Environmental Protection Agency (EPA) says are manufactured chemicals that have been been used in consumer products since the 1940s.
While the EPA says that research is still ongoing, it does note that "exposure to certain PFAS may lead to adverse health outcomes." The new lawsuit goes further and claims that exposure has been "linked to various serious public health problems, including prostate and kidney cancer, [and] pregnancy complications."
It also claims that Apple has been making "false promises" about the Apple Watch, persuading users to buy for health reasons while not mentioning these potential issues.The suit further says that the "presence of excessive PFAS in the Products was and is avoidable," as alternative materials are available.
Consequently, the suit asks for a trial by jury, with the aim that Apple be forced to cease and desist sales of bands with fluoroelastomer. It also asks for unspecified damages for all affected users, arguing that Apple has been "unjustly enriched" by sales of the bands.
Apple's position
Apple has not directly responded to this specific suit. As well as its 2022 paper on removing the chemicals, though, it does refer to health issues with certain bands on its support pages.
"A great deal of care and research goes into choosing materials for all of our devices," says Apple. It claims to go beyond existing regulations and to extensively test materials, with "thousands of material composition tests," plus trial studies, toxicological assessments, and consultations "with board-certified dermatologists."
It does still admit that "a small number of people will experience reactions to certain materials." As part of that, Apple lists materials used in its products, although the section about bands including the Sport Band, does not specifically mention fluoroelastomer.
Apple does appear to be right about only a small number of people being affected, though. Apple's support forums only contain a couple of users asking about skin irritation, back in 2021.
Separately, skin conditions such as tattoos have been reported to stop Apple Watch's health features working correctly.
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11 Comments
It's a serious issue and needs to be dealt with at a legislative level. Not just watch bands but across the entire spectrum of their use.
Singling out Apple in this case does seem like an opportunistic move as the problem goes way beyond watch bands.
Perhaps Apple (and everyone else) should be doing more about it if health, not only for the individual, but the environment too, which is a priority.
Its an industry issue though. That is where change has to occur and we know that won't happen without legislation.
Figures the suit came from California. The fact is once they became aware of the problem, they changed the band. No one died. Skin irritation is the worst thing that happened. Stop with the lawsuits. They don't help anyone except the lawyers. Prime example of exactly why tort reform is needed.
are people eating their watch bands or something? Jesus, like we haven't used plastics and rubbers for our entire lives
Weirdly enough my watch band on my Series 3 was a starting to cause me irritation on my right wrist where I normally have my watch. It’s got so bad I’ve moved my watch to my left wrist and now my right wrist is pretty much back to normal.
I just assumed it’s because I’m wearing a 3rd generation watch and that it’s most likely picked up some sort of irritant along the years.
But I’m not going to blame Apple for something that it might not even be able to do at the moment. Apple often reaches the limits of production and technology leading them to research their own methods - why do you think they went the M series route over sticking it out with Intel.
You can only make products out of materials you have on hand. If Apple upped the prices on Watch bands because they chose to only go natural products they’d probably get a class action lawsuit filed against them for rorting the customer on Watch bands.
Just take some person responsibility people. If your band is irritating your skin, get one that doesn’t.
Im not from the US, is it possible to bring a class action lawsuit against stupid people who file needless class action lawsuits?
These are toxic chemicals that are absorbed through skin. You don’t need to eat or lick your bands. Also there will be zero irritation, the suit is not about allergic reactions but carcinogens.
People who think apple is some holy company are delusional. On Tuesday we got news they knowingly source blood minerals, and now this.