P&G, Gillette Class Action Claims Companies Violate Law With Conditional Repair Warranties

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P&G, Gillette Conditional Warranty Class Action Lawsuit Overview: 

• Who: Thomas Watson filed a class action lawsuit against The Procter & Gamble Company and The Gillette Company LLC. 
• Why: Watson claims P&G and Gillette violate federal and state law by making their products warranties conditional.
• Where: The class action lawsuit was filed in Massachusetts federal court.

Procter & Gamble and Gillette manufacture, market and sell Gillete, Venus, Braun and Oral-B products with conditional repair warranties, a new class action lawsuit alleges. 

Plaintiff Thomas Watson claims P&G and Gillette make their product warranties subject to tying arrangements, which require them to only be repaired at authorized facilities and/or with authorized parts in violation of federal and state law. 

Watson argues P&G and Gillette include labeling on their products’ packaging indicating they have a one-year limited warranty; however, the repair restrictions aren’t revealed until “after the point of sale.” 

“Thus, a reasonable consumer would rely on the warranty mentioned on the outside of the packaging,” the class action lawsuit states.

Watson argues that, had he or other reasonable consumers been aware of the repair restriction, they would not have purchased the product or paid “significantly less” for it. 

“Had there been a disclosure, Mr. Watson would not have purchased the Product because the unlawful repair restriction would have been material to him, or at the very least, he would have purchased the Product at a substantially reduced price,” the class action lawsuit states.

Watson claims he purchased a product which began to “slightly malfunction” not long after he acquired it, and, because of the warranty provision, he was not allowed to attempt to repair it himself as he says he would have liked. 

P&G, Gillette ‘Not Obligated To Provide First-Party Repair Service’

Further, under the terms of the warranty, P&G and Gillette are “not obligated to provide first-party repair service and parts free of charge,” according to the class action lawsuit.

“Defendants in effect provide parts under the warranty in a manner which impedes or precludes the choice by the consumer of the person or business to perform necessary labor to install such parts,” the class action lawsuit states. 

Watson argues the authorized replacement costs are available online for “inflated costs.” 

Watson claims P&G and Gillette are guilty of fraud, unjust enrichment and fraudulent omission and in violation of the Magnuson-Moss Warranty Act. 

Watson wants to represent a nationwide class and Massachusetts subclass of consumers who purchased Gillette, Venus, Braun or Oral-B products with a warranty provision that disallows self-repair or the use of unauthorized parts. 

Plaintiff is demanding a jury trial and requesting relief in the form of compensatory and punitive damages along with an award of statutory penalties for himself and all class members. 

A separate class action lawsuit was filed against P&G in 2018 by a consumer who argued the company’s Gillette shaving cream cans didn’t contain enough shaving cream. 

Have you purchased a product with a conditional warranty? Let us know in the comments! 

The plaintiff is represented by James J. Reardon, Jr. of Reardon Scanlon LLP and Julian C. Diamond and Neal Deckant of Bursor & Fisher, P.A. 

The Class Action Lawsuit is Watson v. The Procter & Gamble Company, et al., Case No. 4:22-cv-40010, in the U.S. District Court for the District of Massachusetts.

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