The Cookware Industry Has a Major Fight Brewing Over PFAS Claims

At a glance:

• Caraway, a maker of "forever-chemical-free" cookware, is being sued by industry giants Groupe SEB USA and Meyer over allegedly misleading marketing claims about PFAS
• The National Advertising Division previously ruled that Caraway could advertise as "nontoxic" and "PFAS-free" but should avoid specific claims about other nonstick cookware releasing toxins
• The Cookware Sustainability Alliance, formed by major manufacturers, has actively opposed state-level bans on PFAS in consumer products

Legal Battle Over Marketing Claims

The war over forever chemicals in cookware has escalated into a high-stakes legal battle, with industry heavyweight Groupe SEB USA and Meyer filing a lawsuit against Caraway in the Southern District of New York. The two companies, which represent some of the largest names in global cookware, allege that Caraway's marketing around per- and polyfluorinated alkyl substances (PFAS) is not grounded in scientific fact and "has caused immense and continuing harm to consumers, to Plaintiffs, and to other cookware and bakeware companies in the marketplace." This legal action represents the latest front in an ongoing conflict between traditional cookware manufacturers and newer companies positioning themselves as PFAS-free alternatives.

Caraway, which rose to prominence specifically by marketing its products as free of "toxic" chemicals, has responded to the lawsuit with a counter-campaign claiming that "Big Cookware" is attempting to "silence" the company. The company recently launched marketing materials in direct response to the February lawsuit, which accuses Caraway of harming the reputation of established manufacturers despite never mentioning them by name. This dispute highlights the growing tension in the cookware industry as consumer awareness about potential health risks associated with certain chemicals increases, forcing companies to navigate complex marketing and regulatory landscapes.

Industry Advocacy and Legislative Battles

Beyond the courtroom, the conflict has extended into state legislatures and industry advocacy efforts. In 2024, Groupe SEB (the parent company of Groupe SEB USA) and Meyer formed the Cookware Sustainability Alliance, an advocacy group focused on opposing bans on consumer products containing PFAS. This group has actively engaged in legislative processes, including signing letters and testifying in statehouses across the country. The alliance's president, Steve Burns, stated that their focus is on "protecting perfectly safe cookware from being swept into overly broad PFAS product bans" and clarified that "we are not a party to any lawsuit at this point."

The legislative efforts of the alliance and its supporters reached a notable point last fall when celebrity chefs including Rachael Ray, Marcus Samuelsson, and David Chang sent letters opposing a California bill that would have banned consumer products containing PFAS. Notably, Ray and Chang have cookware lines affiliated with Meyer, while Samuelsson serves as a "chef partner" for All-Clad, which is owned by Groupe SEB. Despite these high-profile opposition efforts, the bill ultimately passed the California legislature before being vetoed by Governor Gavin Newsom. This back-and-forth demonstrates how the PFAS debate has become entangled with both industry interests and public health concerns, with significant resources being deployed on multiple fronts.

National Advertising Division Ruling and Ongoing Disputes

Prior to the lawsuit, the Cookware Sustainability Alliance challenged Caraway's advertising claims through the National Advertising Division (NAD), an independent nonprofit linked with the Better Business Bureau National Programs that self-polices the advertising industry. The NAD ultimately ruled that Caraway could continue to advertise its products as "nontoxic" and "PFAS-free," but should avoid specific claims in its advertising, particularly the assertion that other nonstick cookware "can release toxins into your food and home during ordinary, manufacturer-recommended use."

Despite this ruling, the February lawsuit alleges that Caraway continued using messaging that contradicted the NAD decision. The company maintains that most of its advertising highlighted in the lawsuit simply states that its products are nontoxic and that it fully complied with the NAD's recommendations. However, the suit also claims that "Caraway has not taken down many of the relevant advertisements." In a memo supporting a dismissal motion, Caraway alleged that the NAD did not provide "any factual support whatsoever to the element of consumer deception." Jordan Nathan, the founder of Caraway, explained that some of the ads in the complaint using outdated messaging were displayed due to tech glitches and are no longer part of the company's current materials. This ongoing dispute highlights the challenges companies face when navigating advertising regulations while competing in a market increasingly focused on health and environmental concerns.

Health Implications and Scientific Debate

At the heart of the legal and marketing battles lies a complex scientific debate about the health implications of PFAS and their use in cookware. PFAS, a class of thousands of different chemicals used since the 1940s, break down very slowly over time and can accumulate in the environment and human body. Some of the most commonly used forever chemicals have been linked to various health impacts, from cancers to reproductive issues to reduced immune response. Research indicates that approximately one-third of Americans are exposed to forever chemicals in their drinking water, while nearly all US residents have some form of PFAS chemicals in their blood.

After health concerns about certain PFAS became public in the late 1990s and early 2000s, the industry phased out production of two of the most harmful types of PFAS, including those traditionally used in nonstick pans. Today, most nonstick cookware is made with PTFE, a different type of PFAS chemical that Groupe SEB and Meyer claim "is a fundamentally safe chemical." However, the lawsuit acknowledges that different types of PFAS are still used to manufacture PTFE, which can increase potential exposure for workers and the chance of these chemicals entering the air and water. As Michael Goodyear, an associate professor at New York Law School, notes, the case may ultimately turn on the question of whether PTFE has "ever caused any health issues when it's used as coating for cookware." This scientific uncertainty underscores the challenges facing both manufacturers and regulators in determining appropriate safety standards for widely used consumer products.

Consumer Protection and Advertising Standards

The legal dispute between Caraway and the established cookware manufacturers raises important questions about consumer protection and advertising standards in the marketplace. According to Michael Goodyear, advertising law typically allows "opinions, what we call puffery, saying 'my product is the best, my product is better, it's the favorite,'" but also aims to guard consumers against "statements being made as statements of fact," especially if any of them are wrong or misleading. This balance becomes particularly tricky in industries like cookware, where consumers may be making purchasing decisions based on health concerns and environmental impacts.

The case is set to proceed to trial, where the debate over the science could take center stage before a jury. The lawsuit argues that "under normal conditions," cookware made with PTFE has "never been proven to pose any health risks or have any measurable risk of contaminating consumers' food, homes, or bodies." The FDA has allowed some PFAS to be used for nonstick coating, though as the NAD decision noted, the agency's "rationale focuses only on the migration of PFAS to food and does not address the potential toxicity when the fumes are overheated." This regulatory gap may become a focal point in the legal battle, as companies, consumers, and courts attempt to navigate the complex intersection of scientific research, consumer protection, and commercial speech in an increasingly health-conscious marketplace.