The Complaint’s Allegations re: PFAS

• • Independent lab testing allegedly found Huggies Simply Clean Fragrance Free wipes contained 305 parts per trillion (ppt) of PFAS
  • The lawsuit claims babies may be exposed to PFAS by absorption through the skin, ingestion if they put wipes in their mouth, or inhalation of chemicals
  • A baby can go through 10,000-12,000 wipes per year, resulting in frequent, repeated alleged toxic PFAS exposure
  • The complaint notes studies showing vaginal/vulvar tissue may be more permeable and sensitive to chemical absorption, which is an alleged concern for baby girls
  • Potential health problems linked to PFAS in children include impaired vaccine response, asthma, thyroid issues, and developmental delays, the lawsuit claims

What Parents Can Do:

• • Stop using Huggies Simply Clean Fragrance Free wipes and switch to a PFAS-free, truly non-toxic brand until the lawsuit is resolved
  • Consult your pediatrician if you have specific concerns about your child’s health or past exposure to PFAS
  • Follow the case and consider joining the class action if you purchased these wipes, once the court approves the class and provides participation details
  • Spread the word to other parents about the lawsuit and potential safety issues with the wipes
  • Advocate for stronger regulations on PFAS and disclosure of all ingredients in baby/children’s products

FAQs:

• • Q: Are Huggies Simply Clean Fragrance Free wipes safe to use?
    A: The lawsuit alleges they contain unsafe levels of toxic PFAS chemicals, so it’s best to avoid this specific product until the case is resolved.
  • Q: How can PFAS in wipes potentially harm babies?
    A: The complaint claims babies may absorb PFAS through the skin or ingest them, leading to a potential build-up of toxins linked to health issues with repeated exposure.
  • Q: What should I do if I have purchased these wipes?
    A: Stop using them, consult your pediatrician if you have health concerns, and watch for official notices with details on how to join the class action.
  • Q: How can I tell if baby wipes have PFAS?
    A: PFAS aren’t typically disclosed on labels, so look for brands that explicitly certify they are “PFAS-free” or check reports from independent testing.
  • Q: Are “natural” or “plant-based” claims guarantees the wipes are PFAS-free?
    A: Not necessarily, as the complaint alleges Kimberly-Clark used “plant-based” claims on wipes that allegedly contained PFAS.

The Complaint’s Allegations re: Marketing

• • Reasonable consumers understand “simply clean,” “plant-based” and “gentle” to mean non-toxic and free of harmful synthetic chemicals
  • Kimberly-Clark promoted the Huggies Simply Clean Fragrance Free wipes as “hypoallergenic” and “safe for sensitive skin” on its website, packaging, and ads
  • The company specifically listed other omitted ingredients like parabens and alcohol that parents would want to avoid
  • Failing to disclose alleged PFAS is a material omission, as no reasonable parent expects PFAS in wipes advertised as plant-based and gentle
  • Parents paid a premium price or would not have purchased the wipes at all if they knew the alleged truth about PFAS content

How The Law Protects Consumers:

• • Companies have a legal duty to disclose all facts a reasonable consumer would rely on in deciding to purchase a product
  • Omitting key safety information like the alleged presence of toxic chemicals is considered a deceptive practice
  • False or misleading advertising is prohibited, including unsubstantiated claims about a product’s ingredients, benefits or lack of risks
  • Products must match the promises and representations made on the label and in marketing materials
  • Consumers who are misled into purchasing a product based on false claims can seek legal recourse and damages

FAQs:

• • Q: How can Kimberly-Clark sell baby wipes with allegedly toxic chemicals?
    A: Currently, PFAS are not well-regulated or legally restricted in baby products, so Kimberly-Clark was not prohibited from allegedly including them.
  • Q: Isn’t it legal to omit certain ingredients from labels?
    A: Failing to disclose key safety info can still be illegal if it misleads consumers, as the complaint alleges here re: PFAS.
  • Q: What if I only used the wipes because of the “clean and gentle” claims?
    A: If you relied on the allegedly deceptive marketing in your purchase and wouldn’t have bought them otherwise, you may have a claim.
  • Q: Does the lawsuit mean the wipes are definitely toxic?
    A: The court still has to decide if Kimberly-Clark violated the law, but the plaintiffs’ testing allegedly found high PFAS levels.
  • Q: Can I sue Kimberly-Clark myself for false advertising?
    A: You could pursue an individual case, but joining the class action is usually simpler and may have a better chance at success.

The Complaint’s Specific Causes of Action

• • Violation of CA Consumers Legal Remedies Act: Prohibits deceptive representations about product ingredients, quality, benefits & false advertising
  • Violation of CA Unfair Competition Law: Bans any unlawful, unfair or fraudulent business acts, like failing to disclose material facts
  • Violation of CA False Advertising Law: Makes it illegal to advertise products with untrue or misleading statements
  • Breach of Express Warranty: Kimberly-Clark allegedly broke its promise that wipes were “clean” and “gentle” by including alleged PFAS
  • Unjust Enrichment: Claims it would be unfair for Kimberly-Clark to keep profits from wipes sold based on alleged deception about PFAS

How a Class Action Could Benefit Consumers:

• • Strength in numbers – collective action may have better odds of success vs. giant corp than one individual lawsuit
  • Sharing costs of litigation among many plaintiffs makes case more economically feasible to pursue
  • Potential to recover at least partial refunds for money spent on allegedly falsely advertised wipes
  • Court order could force Kimberly-Clark to change its practices and properly disclose any PFAS or remove it
  • Sends message to other companies that alleged deceptive advertising and hiding toxins from parents won’t be tolerated

FAQs:

• • Q: What’s the difference between a class action and individual lawsuit?
    A: A class action allows many similar claims to be resolved in one case vs. each person filing their own suit.
  • Q: How do I know if I’m part of the class?
    A: The court will decide the class definition, but it will likely include all U.S. consumers who purchased the wipes during a set timeframe.
  • Q: What happens if the class action succeeds?
    A: Class members may be eligible for refunds or other compensation if a settlement or judgment is reached in their favor.
  • Q: Will the class action definitely go to trial?
    A: Many class actions settle before trial, but some may proceed to a court decision if a fair settlement isn’t reached.
  • Q: How long will the class action lawsuit take?
    A: Class actions can take years to resolve, but consumers can join at any time before a settlement or verdict is reached, once the class is approved by the court.

FAQs:

• • Q: How much PFAS exposure is considered unsafe?
    A: There are no official safety limits, but the EPA recently lowered its PFAS health advisory levels to near zero, suggesting even tiny amounts may be harmful with repeated exposure.
  • Q: What should I do if I’m concerned about my baby’s exposure?
    A: Discontinue use of the Huggies Simply Clean Fragrance Free wipes, and consult your pediatrician to discuss any symptoms and whether PFAS blood testing is advised.
  • Q: Will using the wipes definitely cause health problems?
    A: Not necessarily – health effects depend on individual factors. But the lawsuit alleges unnecessary PFAS exposure risks that should be avoided, especially for vulnerable infants.

FAQs:

• • Q: If the case settles, how much money could I get?
    A: It’s too early to predict recovery amounts, which would depend on the settlement terms, class size, and other factors. But the suit aims to recover funds to compensate class members.
  • Q: What if I don’t have proof of purchase anymore?
    A: Don’t worry – if a settlement is reached, the official notice will explain the documentation required. Proof of purchase is helpful but may not be necessary.
  • Q: Do I have to pay anything to be part of the class action?
    A: No – the lawyers handle the case on a contingency basis and only get paid from any class-wide recovery. You can participate at no cost.

The Allegations & Injuries:

• • Kimberly-Clark allegedly falsely advertised Huggies Simply Clean Fragrance Free Baby Wipes as gentle, clean & plant-based despite allegedly containing toxic PFAS
  • Alleged high PFAS levels in the wipes may expose babies to chemicals linked to cancer, hormone disruption & developmental harm with repeated use
  • Consumers were allegedly financially injured by paying more for wipes they thought were safe & natural, or would not have purchased if PFAS was disclosed

The Class Action Process & Claims:

• • One consumer filed the case on behalf of all Huggies Simply Clean Fragrance Free wipes purchasers, seeking class action status to pursue claims collectively
  • Lawsuit asserts Kimberly-Clark violated multiple CA consumer protection laws through alleged false advertising, deception & omissions
  • Plaintiffs seek refunds, damages, a court order stopping the allegedly deceptive practices & requiring PFAS disclosures

What Consumers Should Know & Do:

• • Research & choose baby products that fully disclose all ingredients, are certified PFAS-free & truly non-toxic
  • Stop using Huggies Simply Clean Fragrance Free wipes & consult your pediatrician if your baby had prolonged exposure & you have health concerns
  • Follow the lawsuit & look for official notices with details on how to join the class action once the court certifies the class
  • Spread the word to other parents & advocate for stricter regulations on chemicals allowed in baby products