Kleenex class action alleges wet wipes falsely advertise germ removal, no harsh chemicals

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Kleenex class action overview: 

• Who: A group of wet wipes consumers are suing Kimberly-Clark.
• Why: The consumers say the company makes wet wipes with deceptive advertising.
• Where: The lawsuit was filed in a California federal court.

Kimberly-Clark makes wet wipes under the Kleenex brand that deceive customers into thinking they are buying a product that eliminates germs, when the product is “actually just a wipe damp with water for which they have paid a premium,” a new class action lawsuit alleges.

Plaintiffs Judah Rosenwald, Craig Chouraki-Lewin, Cindy Rutter, William Rutter, Trinity Guevremont, Natasha Garamani, James Smith, Patricia Perez, Jeanine Eckert and Preston Leschins filed the class action complaint against Kimberly Clark Corporation Aug. 31 in a California federal court, alleging violations of state and federal consumer laws. 

The lawsuit is built around the marketing of the Kimberly-Clark product “Kleenex wet wipes germ removal.” The product was sold throughout the United States, in drug stores such as Walgreens and other major retailers, the lawsuit states. 

According to the plaintiffs, Kimberly-Clark misrepresents the “germ removal” characteristic of the wet wipes in labeling that says “wipes away 99% of germs from skin.”

There are in fact no germicidal ingredients in the product, the plaintiffs says. 

“The only operative ingredients in the product are mild surfactants, i.e., soaps, or cleansers, namely ‘coco-betaine’ and ‘polysorbate 20,’” the lawsuit alleges.

Consumers confused by Kleenex wet wipe marketing, lawsuit states 

A reasonable consumer would not distinguish between “killing” and “removing” germs, the lawsuit states, and Kimberly-Clark uses that to its advantage.

“Kimberly-Clark counts upon consumers’ familiarity with the 99%, 99.9%, or 99.99% representations of germicidal products to sell what is really just soap, and at a premium over products that merely contain surfactants, or soaps, including other Kimberly-Clark wet wipes products,” it says. 

Each of the plaintiffs purchased the product believing it had capabilities that the product does not have, they say. 

“Consumers think that they are buying a product that eliminates germs just like an alcohol germicide yet is actually just a wipe damp with water for which they have paid a premium.”

The plaintiffs are looking to represent all U.S. consumers who have purchased the Kleenex “germ removal” wet wipes product, from any time to the present, plus a class of consumers from California, Washington, Wyoming, Colorado, Pennsylvania, New York, New Jersey, and Florida.

The plaintiffs are suing under state consumer laws and seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, Kimberly-Clark has agreed to pay a $20 million settlement to end claims its flushable wipes actually damage and clog pipes with the settlement potentially benefiting consumers nationwide. 

What do you think of the class action claims against Kimberly-Clark? Let us know your thoughts in the comments! 

The plaintiffs are represented by David M. Rosenberg-Wohl of Hershenson Rosenberg-Wohl.

The Kimberly-Clark class action lawsuit is Judah Rosenwald et al., v. Kimberly Clark Corporation et al., Case No. 3:22-cv-04993 in the U.S. District Court Northern District of California.

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