Parents File Class-Action Lawsuit Against Pampers
A class-action lawsuit has been filed against Proctor & Gamble on behalf of parents who purchased Pampers “Dry Max” diapers, claiming that the diapers caused severe rashes, blisters, chemical burns, infections and other ailments. Proctor & Gamble has defended their technology, stating that they diapers have been tested extensively both before and after the introduction of the product in March.
The plantiffs in the case assert that P&G knew or should have known that Pampers with Dry Max had the capacity to harm infants and toddlers. They allege that P&G breached the implied warranty of merchantability, breached the warranty of fitness for a particular purpose, violated various unfair and deceptive trade practices acts, and were negligent in the design, manufacture, and failure to warn Class members. They hold P&G liable and have asked for the refund of the cost of the diapers and medical expenses related to the diapers. They also request that P&G recall the Dry Max diapers and regularly test their products to ensure they are not causing harm.
Since the announcement on May 11th, the law firm Keller Rohrback LLP in Seattle has been flooded with at least 150 consumer calls regarding the diapers. "We've never seen an outcry like this," says Gretchen Cappio, a partner in the firm. "These parents are trying to express that P&G should stop trying to deny the problem or, even worse, blaming the parent or caregiver."
P&G continues to state that the claims are false. "While we have great empathy for any parent dealing with diaper rash – a common and sometimes severe condition – the claims made in this lawsuit are completely false," the company said in a statement Thursday. "One out of every four babies at any given time will be experiencing diaper rash. To attribute these conditions to the DryMax disposable diaper is incorrect and misguided."
The Consumer Product Safety Commission and Health Canada have recently announced their intentions to review the complaints made regarding diaper rashes and chemical burns with the use of Pampers Dry Max Diapers.