Apple Sued For Using Dangerous 'forever Chemicals' In Watch Bands

Apple has been sued for allegedly selling wristbands for its smartwatches that contain high levels of "forever chemicals" known as PFAS that may be linked to harmful health effects in humans.

The lawsuit [PDF], filed yesterday in the Northern District of California, specifically targets three Apple Watch bands: The Sport Band that comes stock with new basic model Apple Watches, the Ocean Band, and the Nike Sport Band that ships with Nike-branded Apple Watches. Apple describes all three as being made from fluoroelastomer, which the lawsuit alleges conceals the presence of per- and poly-fluoroalkyl substances, or PFAS.

For those unfamiliar with PFAS chemicals, they are widely used in consumer products such as clothing, cleaners, nonstick cookware, and hygiene products, and are valued for being both inexpensive and highly effective.

The chemicals have also been linked to increased risk of cancer, immune system suppression, and possible harms to unborn children in the womb. They are known as "forever chemicals" because they break down very slowly and can persist in the environment for decades. Some PFAS compounds are also bioaccumulative, meaning they can build up in the body over time.

In short, they're considered very risky substances. Wearing them next to the skin for prolonged periods - like on a watch band – creates many more chances for your body to absorb them.

The science behind the lawsuit

The lawsuit, a proposed class action that includes anyone who has purchased an Apple Watch with one of the offending fluoroelastomer bands, draws on a study conducted by scientists from the University of Notre Dame. Published in December, their work found elevated PFAS levels in a number of fitness trackers and smartwatch bands, including some manufactured by Apple, Fitbit, Google, and Samsung.

Twenty-two different bands were tested using particle-induced gamma-ray emission ion beam analysis and liquid chromatography-tandem mass spectrometry to detect fluorine content – an indicator PFAS is present.

According to the study, fluoroelastomers were a frequent material used in the manufacture of the bands tested because of their resistance to sweat, skin oils, and lotion. One particular type of PFAS, perfluorohexanoic acid (PFHxA), was found in the bands at high levels.

"The most remarkable thing we found in this study was the very high concentrations of just one PFAS — there were some samples above 1,000 parts per billion of PFHxA, which is much higher than most PFAS we have seen in consumer products," Notre Dame professor emeritus and study co-author Graham Peaslee stated.

Three of the bands tested fell into the "expensive" category, and all were found to have significantly elevated levels of fluorine.

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The study doesn’t specify which bands were tested, but mentions Apple and Apple/Nike product. It is unclear, however, if all three bands mentioned in the lawsuit were considered in the study.

We contacted lawyers for the plaintiffs, and the Notre Dame scientists behind the work, to verify that the Apple Watch bands included in the lawsuit were part of the study, and were found to have elevated PFAS levels. We’ve not received a response at the time of publication.

Apple accused of endangering customers

The lawsuit argues that Apple should know better than to sell watch bands that may contain potentially harmful PFAS.

"Defendant knows that certain of its products contain PFAS. It also knows that those chemicals are dangerous," the suit alleges, pointing to a 2022 document [PDF] from Apple in which the iGiant commits to phasing out PFAS from its products.

"That … promise does not inform consumers which products contain the harmful chemicals," the suit continued. "Instead, in respect of watches, [Apple] continues to hide the existence of PFAS at the point of purchase and otherwise.

"[Apple] could have avoided the unreasonable safety and environmental hazard with available manufacturing alternatives, and its failure to do so while continuing to promise consumers health, wellness, and sustainability is unlawful, unfair, and fraudulent under consumer protection laws," the suit asserts.

The plaintiffs further allege that Apple's actions violate California's unfair competition, advertising, and consumer legal remedy laws. They also accuse the tech giant of fraud, fraudulent inducement, concealment, misrepresentation, negligence, and unjust enrichment. The suit seeks class certification, an injunction to halt the sale of the alleged offending watch bands, and monetary penalties.

The Register has contacted Apple for comment. ®