Costco seeks dismissal of PFAS baby wipes class action

Update: 

• Costco asked a California federal judge to dismiss a class action lawsuit accusing the retailer of selling Kirkland-branded fragrance-free baby wipes containing unsafe levels of per- and polyfluoroalkyl substances. 
• Costco argues the complaint is an effort to “scare innocent parents” into believing they risk harm to their children by using the wipes. 
• The global retailer argues the class action lawsuit also fails to name any PFAS identified by the U.S. Environmental Protection Agency as specifically of concern. 
• The class action lawsuit claims Cotsco represents its Kirkland baby wipes are made with only naturally derived ingredients despite allegedly containing PFAS. 

Costco Kirkland baby wipes class action lawsuit overview: 

• Who: Larisa Bullard and Mila Corrigan filed a class action lawsuit against Costco Wholesale Corp. and Nice-Pak Products Inc. 
• Why: Bullard and Corrigan claim Costco marketed and sold Kirkland-branded fragrance free baby wipes containing unsafe levels of per- and polyfluoroalkyl substances.
• Where: The class action lawsuit was filed in California federal court. 

(June 27, 2024)

Costco markets and sells Kirkland-branded fragrance free baby wipes containing unsafe levels of per- and polyfluoroalkyl substances (PFAS), a new class action lawsuit alleges. 

Plaintiffs Larisa Bullard and Mila Corrigan claim Costco represents its Kirkland Signature Baby Wipes, Fragrance Free baby wipes product is made with naturally derived ingredients despite allegedly containing PFAS. 

“Direct PFAS exposure to infants and babies from defendant’s wipes pose a health risk, the likes of which plaintiffs and class members sought to avoid by purchasing defendant’s plant-based, natural-material, toxin-free products for their babies,” the Costco class action says. 

Bullard and Corrigan want to represent a nationwide class along with New York and California subclasses of consumers who purchased the Kirkland Signature Baby Wipes, Fragrance Free baby wipes product during the statute of limitations period. 

Testing shows Costco baby wipes contain ‘significant’ PFAS levels, class action claims

Bullard and Corrigan claim independent research conducted by their counsel through a Department of Defense laboratory discovered the presence of unsafe levels of PFAS in the Kirkland baby wipes.

“Defendants market the product as conferring certain health, safety and use benefits, when testing demonstrates that the product actually contains significant levels of unsafe, toxic PFAS chemicals,” the Costco class action says. 

Bullard and Corrigan claim Costco—along with product manufacturer Nice-Pak Products Inc.—are guilty of negligent misrepresentation, fraudulent concealment or omission, fraud, unjust enrichment and breach of express warranty and violating New York General Business Law and California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for themselves and all class members. 

A consumer filed a separate class action lawsuit against Costco earlier this month over claims the company falsely promises to disclose if an item is cheaper in its store than on its website. 

Have you purchased Kirkland Signature Baby Wipes, Fragrance Free baby wipes? Let us know in the comments.

The plaintiffs are represented by L. Timothy Fisher, Joshua R. Wilner and Joshua B. Glatt of Bursor & Fisher, P.A. 

The Costco Kirkland baby wipes class action lawsuit is Bullard, et al. v. Costco Wholesale Corp., et al., Case No. 4:24-cv-03714, in the U.S. District Court for the Northern District of California.

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