Fraud Claims Dismissed from Lead-Containing Tampon Case with Leave to Amend

SAN DIEGO — A California federal judge has dismissed without prejudice fraud claims from a lawsuit accusing Kimberly-Clark Corp. of failing to warn consumers that its tampons contain lead, finding the plaintiff failed to provide sufficient detail regarding independent testing of the products.

However, in a Feb. 13 order, Judge Gonzalo Curiel of the U.S. District Court for the Southern District of California allowed the consumer protection law claims to proceed to the extent they allege Kimberly-Clark’s representations mislead reasonable consumers into believing the products are lead-free.

Allison Barton filed the putative class action, accusing Kimberly-Clark of violating California consumer …