A nationwide class action lawsuit has been filed against Kimberly-Clark Corporation, accusing the company of falsely advertising that its Huggies Simply Clean Fragrance Free baby wipes are safe for use on infants, babies, and toddlers.
The lawsuit, filed by plaintiffs Bridget Erickson and Erica Stevenson on December 16 in California federal court, alleges violations of both state and federal consumer laws.
The plaintiffs claim that the Huggies baby wipes either contain, or could potentially contain, unsafe levels of per- and polyfluoroalkyl substances (PFAS), a group of harmful synthetic chemicals known to pose risks to children.
“Independent testing conducted in March 2024 by Plaintiffs’ counsel, using a Department of Defense ELAP-certified laboratory, revealed that the product contains 305 parts per trillion (PPT) of dangerous PFAS chemicals,” the lawsuit states.
The lawsuit further explains that PFAS chemicals are harmful even at very low levels because they persist and accumulate over time.
Erickson and Stevenson argue that Kimberly-Clark misled consumers by failing to disclose the presence of PFAS in the Huggies Simply Clean Fragrance Free baby wipes, which are marketed as “simply clean” and made with “gentle ingredients.” The plaintiffs claim they relied on these representations when purchasing the wipes, believing them to be safe for their children.
The plaintiffs assert they paid a premium for the Huggies baby wipes based on the false and misleading claims that the product was safe and suitable for regular use on babies, despite the presence or risk of toxic PFAS chemicals.
If they had known about the PFAS content, the plaintiffs argue, they would not have purchased the wipes or would have paid less for them.
As a result, Erickson and Stevenson allege that Kimberly-Clark violated California’s Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law, in addition to breach of express warranty and unjust enrichment.
The plaintiffs seek to represent a nationwide class, as well as a California subclass, of consumers who purchased the Huggies baby wipes within the applicable statute of limitations period. They are demanding a jury trial and requesting declaratory and injunctive relief, along with compensatory, statutory, and punitive damages for themselves and all class members.
In 2022, Kimberly-Clark agreed to a $20 million settlement to resolve allegations that its flushable wipes caused damage to pipes and clogs.
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