Pampers Diapers with Dry Max
Keller Rohrback currently serves as Interim Lead Counsel for Plaintiffs in a consolidated class action lawsuit against The Procter & Gamble Co. (NYSE: PG); The Procter & Gamble Paper Products Co.; and The Procter & Gamble Distributing LLC (collectively, “P&G Companies”). The action 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.
On June 16, 2010, Judge Black of the Southern District of Ohio granted Plaintiffs' Motions for Consolidation and Appointment as Interim Lead Counsel. In the orders, Judge Black consolidated four Pampers Dry Max cases filed in the Southern District of Ohio filed by Keller Rohrback L.L.P., as well as "any other action arising out of the same operative facts now pending or hereafter filed in, removed to, or transferred to this district" into one combined action, In re Dry Max Pampers Litigation, Case No. 1:10-cv-00301-TSB. The Court also appointed Keller Rohrback L.L.P. Interim Lead Counsel. On August 23, 2010, Plaintiffs filed their Consolidated Class Action Complaint against P&G Companies, which is available here.
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;
- violated the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act;
- violated various states’ unfair and deceptive trade practices acts;
- violated various states’ product liability 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.
To learn more about the litigation or for additional questions, please contact paralegal Mary Montgomery or attorneys Gretchen Cappio or Lynn Sarko at 800.776.6044 or 206.623.1900 or via email at consumer@kellerrohrback.com.
Case Documents