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Procter & Gamble Co. can’t dodge claims in a class action lawsuit alleging Tide Pods are defective because they are ineffective at cleaning clothes and actually cause stains.
Lead plaintiffs Lisa Guariglia, Micheline Byrne, and Michele Emanuele alleged in their class action lawsuit that Tide Pods malfunction in the wash resulting in blue and purple stains on light colored clothing.
The plaintiffs claimed that P&G failed to warn consumers about the potential for staining and also that the product is defective because it does not result in clean clothes.
P&G argued the Tide Pods class action lawsuit should be dismissed. Specifically, argued the company, the plaintiffs did not support their claims that the Tide Pods were defectively designed because they had not provided evidence of an alternative design or explained how they could be manufactured differently.
U.S. District Judge Arthur D. Spatt agreed and dismissed the design defect claims.
“Each of the named Plaintiffs allegedly found ‘unused portion[s] of the Tide Pods, when their clothes were stained,” noted the court order. “Furthermore, the amended complaint repeatedly references P&G’s claims that Tide Pods feature a best-in-class film that dissolves and works effectively. Reading the complaint as a whole, it is clear that the Plaintiffs claim that the stains were caused by the Tide Pods’ failure to dissolve, which plausibly alleges that the product posed a substantial likelihood of harm and that the defective design was a substantial factor in causing the Plaintiffs’ injuries.”
“However, the Plaintiffs have not alleged that a feasible alternative design exists,” pointed out the order. “Nor do they argue that any exception to this requirement applies to their claims. Therefore, the Plaintiffs have failed to state a claim for design defect, whether under a theory of negligence or strict liability.”
The judge did grant the plaintiffs leave to amend their complaint, however.
The court order also noted that the plaintiffs abandoned their manufacturing defect claims as well as their failure to warn claims. P&G argued that the plaintiffs did not respond to arguments for dismissal of the manufacturing defect claims. Judge Spatt agreed and additionally pointed out that the plaintiffs had never established how the Tide Pods they purchased were different.
“The plaintiffs failed to allege how the units they purchased were manufactured differently from other Tide Pods,” stated the order. “That is, they do not allege that the Tide Pods stained their clothes because of a mishap in construction, or because of some mistake.”
The judge refused to dismiss the other Tide Pod class action lawsuit claims, including breach of warranty, unjust enrichment, and for violations of various state consumer protection laws.
“P&G apparently acknowledged the defect in several instances, warning customers to not overload the washing machine, and not to use exceptionally cold water,” noted the court order. “These directions were allegedly not provided with the product.”
The plaintiffs are represented Mark Levine, Melissa Robin Emert and Patrice L. Bishop of Stull Stull & Brody.
The Tide Pods Class Action Lawsuit is Guariglia, et al. v. Procter & Gamble Co., et al., Case No. 2:15-cv-04307, in the U.S. District Court for the Eastern District of New York.
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1,179 thoughts onTide Pods Class Action Lawsuit Won’t Wash Out for P&G
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I have used tide pods
The tide pods always leave a residue on my clothes which caused an allergic reaction that give me a rash that make me itchy
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As a Bed and Breakfast owner, we were using the pods for convenience. When Covid started, we had to wash everything that was in a room with a guest. We started noticing that the pods weren’t dissolving and the pod itself would be in the gasket of my washing machine, and the linens were coming out of the dryer now stained with blue detergent. Tides suggestion? Rinse with warm water, soak overnight and the rinse with rubbing alcohol. Oh, yeah, that’s convenient. The pods have ruined my very costly linens; sheets and some brand new quilts. They offered to send me a $2 coupon.
I had refused to buy Tide pods for years after it dotted and blotched a bunch of my expensive sweaters blue/purple. Unfortunately my husband bought a Costco pack not knowing my displeasure with the product. It’s not cheap so I have been using the pods. Once again it has destroyed my daughter’s $50 sweatshirt and a $200 duvet cover. Awesome Tide thank you. USE TIDE PODS AT YOUR OWN RISK. FYI – only one clothing item ruined was white. Others were deep yellow, bright pink, pastel pink etc. I think it’s time I tried the more natural laundry detergent everyone raves about. No strong soapy odor or blue residue because there are no dyes…. It’s cheaper… like way cheaper!! Google natural laundry detergent. Let’s make the change to hand leave blue:purple blotches behind lol.
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Green unused plastic on our clothes. Please add me.
Have stained several of my garments, add me.
Ugh! I could not figure out where these stains were coming from on my lightly colored items. Didn’t matter if the temp.was on warm or cold. This product is very expensive to buy. I’ve always used Tide. Please add me