Seatlle, WA: A class action complaint was filed in the U.S. District Court for the Southern District of Ohio on behalf of all purchasers of Pampers brand diapers or "Easy Ups" containing Pampers' "Dry Max" technology including, but not limited to, products labeled as Swaddlers or Cruisers diapers. The complaint was filed against The Procter & Gamble Co; The Procter & Gamble Paper Products Co; and The Procter & Gamble Distributing LLC (collectively, "P&G Companies").
Plaintiffs assert that P&G Companies knew or should have known that Pampers with Dry Max had the capacity to and, in many cases, did actually harm infants and toddlers by causing severe rashes, blisters, chemical burns, infections and/or other ailments.
Plaintiffs allege, among other things, that P&G Companies:
breached the implied warranty of merchantability;
breached the warranty of fitness for a particular purpose;
violated various unfair and deceptive trade practices acts;
were unjustly enriched;
were negligent in the design, manufacture, and failure to warn Class members; and
are strictly liable for the design defect/manufacturing defect and failure to warn Class members.
Plaintiffs have asked the Court to require P&G Companies to ensure that Pampers lack the capacity to cause the alleged harms on babies' and children's extremely sensitive body parts and submit product testing results on a regular basis. Additionally, Plaintiffs have requested the Court to award costs of diapers, medical expenses for Plaintiffs and members of the Class and award the cost of appropriate treatment for those who experience the severe ailments related to the Pampers.
The Consumer Product Safety Commission and Health Canada recently announced that they are reviewing complaints made regarding diaper rashes and chemical burns associated with the use of Pampers diapers with Dry Max.
