A New York woman alleges in a class action lawsuit that Pampers falsely advertises some of its diaper wipes as all natural when they contain unnatural ingredients.
The lead plaintiff, Tyoka B., alleges in her Pampers ‘Natural Clean’ class action lawsuit, that the wipes contain ingredients not found in nature like Disodium EDTA, Sorbitan Caprylate, Xanthan Gum. The plaintiff further alleges the wipes at issue contain phenoxyethanol, a chemical that “can depress the central nervous system and may cause vomiting and diarrhea, which can lead to dehydration in infants.”
The plaintiff says she purchased Pampers ‘Natural Clean’ baby wipes multiple times between late 2014 and early 2017. Tyoka asserts that she paid extra because the wipes were marketed as natural and she thought that meant the wipes did not contain any unnatural ingredients. Tyoka alleges that she was deceived and asserts that she would not have purchased the wipes if she has known they contained unnatural chemicals.
According to the Food and Drug Administration and the French National Agency for Medicines and Health Wipes Safety, “phenoxyethanol should be ‘avoid[ed] … in cosmetic Wipes intended for the nappy area” for “infants under the age of three years’ due to concerns of reproductive and developmental toxicity.”
The Pampers ‘Natural Clean’ class action lawsuit also notes that the Federal Trade Commission filed complaints against two other companies for advertising products as “natural” when they contained phenoxyethanol. Because of the FTC’s action, the companies stopped marketing the products as natural.
The class action lawsuit asserts, that the “Defendant charges a premium for its ‘natural clean’ Wipes, which are sold on store shelves alongside non-natural standard wipe offerings. The only reason consumers purchase the Wipes over the non-natural alternatives is on account of Defendant’s representation that the Wipes are ‘natural.’”
The plaintiff seeks to represent a class of New Yorkers who purchased Papers ‘Natural Clean’ wipes. She says Pampers’ false advertising violates New York business laws and advertising laws. The Pampers ‘Natural Clean’ class action lawsuit alleges that a company deceived consumers about the chemicals included in their product, so they could charge more for a product. The plaintiff is seeking a declaration from the court that Pampers violated states laws along with an award of compensatory, statutory, and punitive damages.
Under false advertising laws, companies must tell the truth when they market a product and can be held responsible for lying to consumers about their products. Consumers in false advertising lawsuits generally assert that they would not have purchased or would not have paid as much for a product but for a company’s false advertising.
Consumers who have been deceived by a company’s false advertising may be able to file a false advertising lawsuit. An experienced attorney may be able to help consumers recover money they lost purchasing that product.
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