Class action says WaterWipes contain ‘significant levels of microplastics’ despite ‘plastic-free’ claims

WaterWipes class action overview:

• Who: A California consumer is suing WaterWipes (USA) Inc.
• Why: The plaintiff says the company falsely advertises its baby wipes as plastic-free when they contain microplastics.
• Where: The WaterWipes class action was filed in California federal court.

A new class action lawsuit alleges that WaterWipes falsely advertises its baby wipes as plastic-free when they contain significant levels of microplastics.

Plaintiff Devery Merlo filed the class action complaint against WaterWipes on June 2 in California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, WaterWipes falsely advertises its baby wipes as essentially plastic-free despite containing significant levels of microplastics.

The plaintiff claims that WaterWipes markets and sells its baby wipes as pure and plastic-free, with packaging stating they are made of “just two ingredients” (water and fruit extract) and are “the world’s purest baby wipes.”

Microplastics 387 times above control limits, WaterWipes lawsuit claims

However, independent testing revealed the presence of microplastics in the product at levels 387 times higher than the control, the lawsuit states. This alleged misrepresentation has misled environmentally conscious consumers, the plaintiff alleges.

Microplastics, defined as plastics less than five millimeters in length, have been found in various human organs and are linked to health issues, such as cancer and weakened immune systems, the lawsuit states.

The plaintiff argues that WaterWipes capitalized on growing consumer concerns about plastic pollution and health, particularly among parents of newborns, to capture market share.

The lawsuit alleges that WaterWipes’ false claims violate consumer protection laws, breach express warranties and result in unjust enrichment.

Merlo says she purchased WaterWipes’ baby wipes in 2024, believing they were plastic-free and pure. She claims she paid a premium for the product based on these representations and would not have purchased it had she known it contained microplastics.

The lawsuit seeks to represent all consumers who purchased the product in the United States during the applicable statute of limitations period.

In related news, a class action lawsuit filed in California federal court against Kimberly‑Clark, alleging that Huggies Simply Clean Fragrance Free baby wipes contain unsafe levels of PFAS “forever chemicals” despite being marketed as “simply clean,” “gentle” and safe for infants.

What do you think of the allegations in this WaterWipes class action? Let us know in the comments.

The plaintiff is represented by P. Renée Wicklund of Richman Law & Policy.

The WaterWipes false advertising class action lawsuit is Merlo v. WaterWipes (USA) Inc., Case No. 3:25-cv-04640, in the U.S. District Court for the Northern District of California.

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