Consumers sue Target over recalled Up & Up baby wipes and alleged refund failures

Target class action overview:

• Who: Plaintiffs Morgan Finek and Datreoni O’Neal filed a class action lawsuit against Target Corp.
• Why: Finek and O’Neal claim Target knew its Up & Up baby wipes were contaminated with dangerous bacteria but continued selling them.
• Where: The Target class action lawsuit was filed in Illinois federal court.

A new class action lawsuit alleges Target knew its Up & Up baby wipes were contaminated with bacteria capable of causing life-threatening infections in newborns and infants, yet it continued selling the products before issuing a voluntary recall.

Plaintiffs Morgan Finek and Datreoni O’Neal filed the class action lawsuit against Target on June 12 in Illinois federal court, alleging violations of state consumer fraud and deceptive trade practices laws.

The lawsuit alleges Target’s Up & Up Fragrance Free and Fresh Cucumber Scented baby wipes were contaminated with Burkholderia cepacia complex and Burkholderia gladioli — bacteria the FDA warns can cause infections that spread into the bloodstream, “potentially leading to life-threatening sepsis or pneumonia” in newborns and immunocompromised individuals.

The complaint argues Target possessed “unique and superior knowledge regarding the manufacturing process of the products” and the contamination risks associated with it, yet it marketed the Up & Up baby wipes as “hypoallergenic,” “pediatrician and dermatologist tested” and “made with plant-derived ingredients.”

Consumer complaints about product discoloration, skin irritation and eye irritation preceded Target’s June 4 voluntary recall, suggesting the harm had already reached consumers before Target acted.

Target recall designed to limit liability, not compensate buyers, lawsuit alleges

The Target class action lawsuit alleges the recall was designed to minimize the company’s liability rather than adequately compensate affected consumers.

The complaint argues Target instructed consumers to immediately stop using and discard the recalled Up & Up baby wipes while directing them to return the products or contact Target Guest Relations for a refund, even though many consumers no longer retained receipts or the products themselves.

The lawsuit further notes that consumers shop at multiple locations and rarely retain receipts, making the refund process practically inaccessible for the majority of those who purchased the contaminated Up & Up baby wipes.

Finek and O’Neal seek to represent a nationwide class and Illinois subclass of consumers who purchased the contaminated products. They demand compensatory, statutory and punitive damages and injunctive relief.

Meanwhile, a California federal judge denied Costco’s motion to dismiss a lawsuit alleging its Kirkland Signature Baby Wipes contain toxic per- and polyfluoroalkyl substances (PFAS) despite being marketed as “natural.”

Have you ever purchased Up & Up baby wipes from Target? Let us know in the comments.

The plaintiffs are represented by Russell M. Busch, Nick Suciu III, Trenton R. Kashima and Luis Cardona of Bryson Harris Suciu & DeMay PLLC.

The Target class action lawsuit is Finek, et al. v. Target Corporation, Case No. 1:26-cv-06966, in the U.S. District Court for the Northern District of Illinois.

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