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Walmart Hypoallergenic Skincare Products Contain Known Allergens, Class Action Claims
(Photo Credit: Class action complaint)

Update:

  • U.S. District Judge Jennifer P. Wilson dismissed a consumer class action claiming Walmart deceives customers by labeling its personal care products as “hypoallergenic,” according to court documents.
  • Judge Wilson says the complaint did not state the plaintiffs or their families developed skin irritation or allergies after using the products.
  • “Plaintiffs’ amended complaint reads more like after-the-fact buyers’ remorse than genuine economic injury,” Judge Wilson says in the order for dismissal. “Indeed, plaintiffs fail to allege that Walmart’s hypoallergenic products did not provide them with an economic benefit that was worth less than what they bargained for.”
  • The proposed class action claimed products such as Walmart’s Equate Kids Sunscreen “are chock-full of a significant array and substantial amount of known skin sensitizers (allergens), agents that cause serious skin damage, chemicals that cause serious eye damage lasting longer than 21 days, skin irritants and eye irritants.”

(May 19, 2021)

Some Walmart hypoallergenic skincare products actually contain a “shocking array of compounds known to cause allergic responses,” a new class action lawsuit claims.

According to the nationwide class action, filed Tuesday in the U.S. District Court of Middle Pennsylvania by plaintiffs Fernanda Brito-Munoz and Tamika Williams, “Walmart’s products are chock-full of a significant array and substantial amount of known skin sensitizers (allergens), agents that cause serious skin damage, chemicals that cause serious eye damage lasting longer than 21 days, skin irritants, and eye irritants.”

Among the products cited in the class action lawsuit were Walmart’s Equate Kids Sunscreen, which is labeled as hypoallergenic as well as fragrance- and PABA-free on the company’s website. The product contains oxybenzone as one of its active ingredients.

Oxybenzone is the most widely used UVA blocking agent, according to the American College of Allergy, Asthma & immunology, which reports it is also “the most common cause of sunscreen-induced photo-allergic contact dermatitis.”

Another product listed is the Equate Baby Shampoo, which the class action lawsuit claims contains several products “classified as causing ‘Category 1 eye damage’ under the Globally Harmonized System of Classification.”

The GHS classification, developed by the United Nations, is known as “a single worldwide system for classifying and communicating the hazardous properties of industrial and consumer chemicals.”

Other ingredients in the product are considered “core allergens,” according to the claim.

“By deceiving consumers about the nature, quality, and/or ingredients of its products, Walmart is able to command a premium price, increasing consumers’ willingness to pay and take away market share from competing products, thereby increasing its own sales and profits,” the class action lawsuit states.

The U.S. Food and Drug Administration (FDA) reports there are no federal standards or definitions that govern the use of the term “hypoallergenic.”

“The term means whatever a particular company wants it to mean,” the FDA’s website states. “Manufacturers of cosmetics labeled as hypoallergenic are not required to submit substantiation of their hypoallergenicity claims to FDA.”

The agency defines hypoallergenic products as ones in which “manufacturers claim produce fewer allergic reactions than other cosmetic products.”

The U.S. Centers for Disease Control and Prevention (CDC) also reports that 9.2 million children have reported skin allergies, according to a 2018 study.

“Reasonable consumers believe and expect that a hypoallergenic product does not contain skin allergens in an amount that is known to cause an allergic reaction in a significant number of people,” the claim states.

The class action lawsuit alleges the products were falsely labeled, violating Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and California’s False Advertising Law, among other similar statutes. It seeks an undetermined amount in damages.

The pair are looking to represent a nationwide class of consumers who purchased the allegedly falsely labeled products from Walmart stores under the belief that they were hypoallergenic. The class action is also looking to represent a California and Pennsylvania subclass.

This is the latest class action lawsuit Walmart is facing for its products. In May, the company was hit with a class action lawsuit for selling the Parent’s Choice brand baby food allegedly knowing it contains toxic substances. 

Do you use hypoallergenic products due to allergies? Let us know in the comments!

The plaintiffs are represented by Lauren KW Brennan of Francis & Mailman PC; James A. Francis of Francis Mailman Soumilas PC; and Yvette Golan of The Golan Firm PLLC.

The Walmart hypoallergenic products class action lawsuit is Brito-Munoz, et al. v. Walmart, Inc., Case No. 1:21-cv-00903, in the United States District Court for the Middle District of Pennsylvania.


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445 thoughts onWalmart class action alleging ‘hypoallergenic’ products cause skin irritation, allergies dismissed 

  1. Thank you for creating such valuable content. Your hard work and dedication are appreciated by so many.

  2. Doug Mattox says:

    Add me please

  3. Joe Ezell says:

    Please add me

  4. MONICA R BRIDGES says:

    This is really upsetting me please add me

  5. Deb Fields says:

    This worries me – used these products

  6. Donna Groom says:

    Please adde to the list, had severe reaction.

  7. Gina C says:

    Please add me

    1. Angela Trippe says:

      Please add me I purchased this for my grandson

    2. Roy Edwards says:

      Please include me

  8. Dalit cohen says:

    Very irritating products add me

    1. Christina aldus says:

      Used products on self have sensitive skin and caused bur ing in areas should not be caused underarm to peal

  9. Lillian Horne says:

    Bought this product for my granddaughter, she developed a nasty red rash that required a trip to the doctor and more money spent to get treatment for the rash!!

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