Target class action alleges retailer underfills Up & Up diaper pail refill bags

Target diaper pail lawsuit overview:

• Who: Plaintiff Kathryn Krysinski filed a class action lawsuit against Target.
• Why: Target Up & Up brand diaper pail refill bags are falsely advertised as containing a year’s supply of refills when they allegedly contain half that amount.
• Where: The Target class action lawsuit was filed in California federal court.

Target Up & Up brand diaper pail refill bags are falsely marketed as providing a one-year supply of bags for its diaper pails, according to claims made in a class action lawsuit filed May 30 in California federal court.

Plaintiff Kathryn Krysinski says she purchased an 8-pack of Target diaper pail refill bags for approximately $38 in 2022 after reviewing the product’s label, which stated “1 YEAR SUPPLY” and purported to hold 2,176 diapers.

However, because most babies require significantly more than this number of diapers each year, customers would have to purchase two Target Up & Up diaper pail refill products to last a full year, Krysinski argues.

“Most U.S. parents will go through nearly 3,000 diapers during their baby’s first year alone,” the Target class action lawsuit says, quoting a post on HealthyChilden.org.

Target diaper pail refill bags appeal to parents seeking simplicity, plaintiff says

Target diaper pail refill bags are designed to fit many of the popular diaper pail systems, including Diaper Genie, Munchkin and Step diaper pails. The diaper pail systems feature a built-in bag disposal and sealing mechanism.

When the container is filled with dirty diapers, the Target diaper pail bag can be tied and cut off for disposal, Krysinski explains. Because the refill is a continuous plastic bag, consumers can dispense more plastic to form more bags until the entire refill cartridge is used up.

Diaper pail systems are popular with parents seeking to simplify the diaper-changing process and minimize odor in their homes, the Target class action lawsuit says.. 

“Thus, when shopping for such a system, consumers are drawn to any marketing that suggests simplicity, and [Target] has certainly capitalized on that demand” by falsely labeling Target diaper pail refill bags as providing a “1 YEAR SUPPLY,” Krysinski says.

The Target diaper pail refill package does contain disclosures in small print at the bottom of the box indicating its estimates are based on newborn size diapers and with 25% of diaper changes taking place outside the home, Krysinski says. However, she claims reasonable consumers “with less than perfect vision” would not be able to decipher the disclosures because of their size and location.

The Target class action lawsuit asserts claims for violations of California’s Unfair Competition Law, False Advertising Law, breach of express warranty, breach of implied warranty and fraud.

Several Target class action lawsuits were recently filed over allegations of false advertising, unlawful collection of private data and benzene contamination.

Have you ever purchased Target Up & Up diaper pail refill bags? Tell us what you think of the class action lawsuit in the comments.

Krysinski is represented by Yeremey O. Krivoshey and Joel D. Smith of Smith Krivoshey PC.

The Target diaper pail class action lawsuit is Kathryn Krysinski v. Target Corporation, Case No. 3:24-cv-00947-CAB-VET, in the U.S. District Court for the Southern District of California.

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