A federal judge has given the go-ahead to a class action lawsuit alleging feminine hygiene rinses, a.k.a. douches, are bad for women.
New York judge Denise Cote last week tossed only one claim – breach of express warranty – made by lawyers suing pH-D Feminine Health. Philip Fraietta of Bursor & Fisher filed the case in April 2023, and a motion to dismiss from that year has been pending since that June.
Claims made in the complaint that will move forward include fraud, unjust enrichment and violation of New York consumer protection laws.
Chandra Campbell’s lawsuit alleges douching can lead to an array of health issues. She claims women who douche weekly are five times more likely to develop bacterial vaginosis than women who do not douche.
Campbell’s complaint says some medical professionals do not recommend douching.
“But the fact that there is a difference of opinion in the medical community over the use of these products does not make false or misleading pH-D’s representation that its product is ‘suitable for vaginal use,'” the motion to dismiss said.
Not to mention, pH-D argued, the products, which only contain purified water and boric acid, are approved by the Food and Drug Administration.
“Boric acid is a common and safe ingredient used in many cosmetic products and feminine care products to help control vaginal odor,” the motion says.
Campbell says the defendant’s claims are misleading and false and that consumers would not have purchased the product or would have paid substantially less for the product if they knew the claims are false. She alleges that after using the defendant’s vaginal rinse, she experienced irritation and was directed by her gynecologist to stop.
