Kimberly-Clark Corporation finds itself as the defendant in a proposed class action lawsuit filed by a New York parent who claims the company has deceptively marketed and advertised its top-selling Huggies Snug & Dry Diapers. According to the 28-page lawsuit, Kimberly-Clark’s product has caused rashes on the plaintiff’s child, and possibly other infants nationwide, “significant enough to require medical attention and prescription medication.”
The lawsuit states that upon the first time the plaintiff used the Huggies diapers on her infant, the child “developed painful, plainly visible rashes” for which medical attention was necessary after they did not go away on their own. According to the plaintiff, such rashes stem from a yet-unidentified defect in the defendant’s diapers and have reportedly been the subject of complaints from many parents who say their children have also had adverse allergic reactions.
In response to a high volume of consumer complaints, Kimberly-Clark has offered what the lawsuit calls a boilerplate response, claiming the company takes customer concerns seriously and asking to be contacted by those who are dissatisfied with the Huggies product. The case takes issue with the defendant’s response, however, arguing that Kimberly-Clark has offered the same answer for years, as far back as 2013, while the rash problems persist. From the complaint:
“[The plaintiff] and Class members were misled into purchasing an unsafe product, which did not provide the attributes and benefits that they reasonably expected to receive and believed they were receiving. As a result of Defendant’s negligent manufacturing process and deceptive acts and practices, [the plaintiff] and Class members purchased a product that was not safe for its intended use and so did not offer the qualities for which it had been advertised.”
The case looks to cover a proposed class of consumers across the country or, alternatively, a New York-only class of consumers, who bought Huggies Snug & Dry Diapers within a time period to be defined by the court.