OK, gang – this post from Sean Wajert over at the Mass Tort Defense Blog has something for everybody – parents griping about diaper rash on Facebook, which leads to a putative national class action against Procter & Gamble alleging that the new Pampers causes chemical burns. Most interesting to us at the CAFA Law Blog is how the parental “expert” opinions on causation through Facebook apparently spurred the litigation. Anyway, take a look at the post.
Posted on June 4, 2010 by Sean Wajert
Plaintiffs have sued the Procter & Gamble Co. in a proposed national class action, alleging that new Pampers diapers containing “Dry Max” technology is causing rashes and "chemical burns" in some infants. See Clark, et al. v. Procter & Gamble Co., No. 10-301 (S.D. Ohio, 5/11/10). Plaintiffs seek reimbursement for the cost of diapers, as well as for alleged medical expenses and treatment. The plaintiffs allege that P&G knew or should have known that the diapers with Dry Max technology could harm kids’ bottoms. They assert causes of action for breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, violation of consumer fraud acts, negligence, unjust enrichment, and strict liability. Then came word that the Consumer Product Safety Commission would review consumer complaints regarding Pampers with the new Dry Max technology. [Here’s the rest of the post.]