Pampers Class Action Says ‘Natural’ Wipes Are Falsely Advertised

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A Pampers class action lawsuit alleges that manufacturer Procter & Gamble deceptively markets “natural clean” wipes as non-toxic when their active ingredient includes a synthetic compound suspected as being harmful to human health.

Much of the claims of the Pampers wipes lawsuit center on a compound called phenoxyethanol. Both the American Food and Drug Administration and the equivalent department of the French government have suggested that pheonxyethanol is potentially dangerous to infants, according to the lawsuit.

The class action lawsuit cites FDA concerns about the central nervous system, vomiting and diarrhea severe enough to cause dehydration.

The complaint also quotes from a 2012 report from the Agence Nationale de Sécurité duMédicament et des Produits de Santé (French National Agency for Medicines and Health Wipes Safety), which recommended against using phenoxyethanol in infant wipes. The French report cites concerns about reproductive and developmental harm from the compound.

In addition, the Pampers lawsuit states that the Federal Trade Commission has taken action against cosmetics companies that use phenoxyethanol. These companies were marketing products bearing phenoxyethanol as “natural.” The companies agreed to stop marketing the compound in this way after the FTC intervened, the lawsuit states.

The Pampers wipes lawsuit holds that despite the fact that the wipes contain phenoxyethanol, Pampers markets them as “natural.” The complaint cites the fact that the word “natural” is prominent in the packaging, which also includes green packaging and flowers.

The Pampers wipes lawsuit alleges that this “natural” branding leads consumers to purchase these wipes over competing brands—despite a premium price.

Plaintiff Veronica Brenner says she purchased that particular brand of wipes over others because she “understood this representation meant that the wipes did not contain synthetic chemicals and, at the very least, would not contain chemicals which were potentially harmful to her child.”

The complaint holds that Brenner—and presumably other Class Members—would not have purchased the wipes if they had known about the presence of phenoxyethanol.

The Pampers wipes lawsuit estimates that Pampers has made more than $5 million from sales of these “natural” wipes.

One concept that comes up in this Pampers wipe lawsuit is the issue of unfair competition. Most broadly, the idea of unfair competition is using underhanded tactics to gain an advantage over their competitors, ranging from price fixing, stealing trade secrets or trademarks, and libel.

In this case, the alleged unfair competition hinges on misrepresenting their products as “natural,” which could lead to an unfair advantage over competitors by convincing consumers to pay more for a product that may not offer the perceived advantages.

California has an Unfair Competition Law that is cited in the Pampers wipes lawsuit specifically.

If approved, the Pampers wipes class action would be open to all U.S. Class Members who purchased Pampers Natural Clean Wipes. The exact number of Class Members is unknown, but the complaint states that the plaintiff believes them to be “numerous.”

The plaintiff is represented by L. Timothy Fisher and Scott A. Bursor of Bursor & Fisher PA.

The Pampers “Natural” Wipes Class Action Lawsuit is Veronica Brenner, et al. v. Proctor and Gamble Company, Case No. 8:16-cv-1093, in the U.S. District Court for the Central District of California.