APPEALS COURT BLOCKS TAMPON LAWSUIT.

Byline: Bob Egelko Associated Press 

A California woman who suffered toxic shock syndrome cannot sue a tampon manufacturer because the product carried the warning labels required by federal law, a federal appeals court ruled Thursday.

The 9th U.S. Circuit Court of Appeals upheld a judge's dismissal of a lawsuit by Kandis Papike of Oakhurst against Tambrands Inc., maker of Tampax Original Regular tampons, which she had used before becoming ill in October 1992.

Toxic shock syndrome can be fatal. A 1980 outbreak, traced to toxins in highly absorbent tampons made of synthetic fibers, forced one brand off the market and prompted the U.S. Food and Drug Administration to require warnings for all tampons.

The warnings describe the symptoms of the disease, including sudden fever, vomiting and dizziness or fainting. The labels state that the risks are greater to women under 30 and advise reducing the risk by using less-absorbent tampons or sanitary napkins. If the warnings are put in a package insert, a statement about toxic shock must be placed prominently on the outside of the package.

Papike, now 38, became severely ill and has suffered lasting effects, including a lack of stamina and difficulty concentrating, said Charles C. Brown Jr., one of her lawyers.

Her suit contended the Tampax label fell short of California standards that require adequate warnings of foreseeable risks. Brown said the package carried a statement about toxic shock, but the warning was overshadowed by testimonials about the product's safety. He said the detailed warnings were in an insert that many customers would disregard.

But the appeals court ruled 3-0 the warning met the FDA standard and thus barred a lawsuit under either federal or state law.