Walmart class action overview:
- Who: A California mother, plaintiff Lacey Timmins, filed a class action lawsuit against Walmart.
- Why: Timmins alleges Walmart falsely labels its Parent’s Choice Baby Petroleum Jelly Skin Protectant as “hypoallergenic.”
- Where: The Walmart class action was filed in a California federal court.
A California mother has hit Walmart with a class action lawsuit accusing the retail giant of falsely labeling its Parent’s Choice Baby Petroleum Jelly Skin Protectant as “hypoallergenic.”
Plaintiff Lacey Timmins filed the class action complaint against Walmart Inc. on Oct. 28 alleging violations of state and federal consumer laws.
Timmins argues that the product’s labeling is deceptive because it includes fragrance ingredients, which are allegedly a “known trigger” for allergic contact dermatitis, a common skin condition affecting millions of Americans.
Timmins, who purchased the product to soothe her son’s eczema and diaper rash, claims it actually exacerbated his symptoms.
Walmart class action claims baby skin care products aren’t honestly labeled
The lawsuit argues that Walmart leverages terms like “hypoallergenic” to gain consumer trust and boost sales, a tactic that allegedly harms consumers financially and medically.
Timmins’ states that, according to the American Academy of Dermatology, fragrance is among the leading causes of allergic contact dermatitis, a condition estimated to impact around 2.5 million Americans. Between 1996 and 2016, cases related to personal care products surged by almost 300%, she says, increasing consumer reliance on labels like “hypoallergenic.”
For parents of children with skin sensitivities, labels such as “hypoallergenic” often communicate that a product is safe and free from common allergens, the lawsuit alleges.
Timmins, who bought the product believing it was safe for her son’s sensitive skin, says that if she had known about the fragrance allergens, she would not have purchased it or would have chosen a different, genuinely hypoallergenic product.
“Reasonable consumers rely on brands to be honest about their products, especially when it affects their health,” her lawsuit says.
As a result, Timmins is looking to represent all people in the United States who purchased the product during the last four years. She is suing for violations of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act and for breach of warranty and seeks certification of the class action, damages, fees, costs and a jury trial.
Meanwhile Walmart has recently been hit with at least two class action lawsuits alleging it sells Great Value brand avocado oil that is “impure” due to the fact it contains other, cheaper oils.
What do you think of the allegations in this Walmart class action? Let us know in the comments.
The plaintiff is represented by Joel D. Smith and Yeremey O. Krivoshey of Smith Krivoshey PC.
The Walmart class action is Lacey Timmins v. Walmart Inc., Case No. 1:24-at-00876 in the U.S. District Court for the Eastern District of California.
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