BROOKLYN — A federal judge declined to dismiss a lawsuit accusing This Is L Inc. of falsely advertising its tampons as being free of dyes even though they contain titanium dioxide, an inorganic compound used as white pigment. The consumer plausibly alleges that not only could the front of the product's label be misleading through its statement that the tampons have no “chlorine bleaching, dyes or fragrances,” but also that the phrase “makes material look white, naturally occurring” that appears next to the words “titanium dioxide” on the back of the box could further mislead buyers.
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