Costco has emerged as one of the biggest and most popular wholesale retailers in the nation. The company’s warehouse-style stores are a top competitor for the Walmart-owned Sam’s Club.
Costco is best known for its great prices and bulk sales. However, the company is now facing a class action lawsuit amid allegations that its baby wipes contain harmful chemicals. Nice Pak, a baby wipes manufacturer, has also been named in the suit.
Plaintiffs allege that Kirkland Signature Baby Wipes, Costco’s in-house brand, contain dangerous levels of per and polyfluoroalkyl substances (PFAS). PFAS are harmful substances often called “forever chemicals.” This is because they don’t break down easily in the body or the environment, allowing them to build up from repeated exposure.
Here’s everything you need to know about these Costco wipes lawsuit baby wipes that are potentially contaminated by PFAS and what all this means for consumers.
What Are PFAS?
PFAS are a group of colorless, odorless, and tasteless chemicals that are water-soluble. PFAS have been linked to a variety of health issues, including developmental delays in children, liver damage, disruptions to the immune system, and an increased risk of certain cancers.
There have also been indications of a link between PFAS and other health conditions. However, research is ongoing. Several factors impact the health effects of PFAS, including:
- How often you are exposed
- Individual sensitivity
- The level of PFAS and type of exposure
The lawsuit alleging that the Costco Wholesale Corp baby wipes contain dangerous chemicals is especially concerning due to the group that is likely affected and the potential for frequent exposure. Infants and developing children are high-risk groups and can suffer more severe effects when repeatedly exposed to harmful chemicals.
PFAS chemicals can be particularly harmful during repeated exposure. Parents who purchase affected Costco or Nice Pak products presumably use the wipes on their children multiple times per day. As a result, the levels of PFAS that children are exposed to could be compounded. Because they don’t break down in the body, they build up, worsening their harmful effects.
Basis of the Lawsuit
According to Costco’s marketing, the Kirkland Signature Baby Wipes are made using naturally derived ingredients. The class action plaintiffs allege that Costco falsely advertised these wipes as safe and suitable for infants and that the products may contain harmful substances based on independent testing.
Larisa Bullard and Mila Corrigan, the plaintiffs, arranged for independent research to be conducted at a Department of Defense laboratory. Through this testing, their counsel discovered that the wipes contained unsafe levels of PFAS. They included Nice-Pak Products Inc., the product manufacturer, in their suit against Costco.
Specifically, Corrigan and Bullard have accused the defendants of:
- Negligent misrepresentation
- Fraud
- Unjust enrichment
- Breach of express warranty
- Fraudulent concealment or omission
They also claim that Costco and Nice-Pak violated California and New York business laws. They have demanded a jury trial.
The plaintiffs state that Costco marketed its baby wipes as safe and gentle for infants. The company failed to warn consumers about the potential presence of PFAS. Corrigan and Bullard further allege that Costco’s misleading marketing practices have led consumers to pay a premium for what they believe to be higher-quality products.
How Class Action Lawsuits Work
During a traditional civil suit, the affected party will file an individual claim against the defendant. This approach is common in personal injury and medical malpractice incidents.
In such cases, the plaintiff has the potential to recover a large sum if they win, which justifies the time and legal costs associated with the suit. However, not all types of claims have the potential to lead to a large settlement.
Class action lawsuits allow a group of people who have been similarly harmed by a product to collectively bring a case against the other party. They join together to pursue legal action. Individual claims might be too small to warrant spending tens of thousands on litigation, but when combined, the group’s grievances demonstrate significant harm.
Class members can spread out the cost burden of a claim while also accelerating the litigation process. The courts can hear the entire class’s grievances as part of a cohesive argument.
The unified nature of a class action makes it financially viable to take on large corporations. While individual compensation may be relatively low, these suits call for broader industry changes by forcing companies to improve their products or services.
Before you join a class action claim, it’s important to consider two potential drawbacks. You may receive a smaller settlement than you would in standalone lawsuit claims, as the award will be divided among all participants. Once you join, you usually give up your right to pursue individual claims for the same issue.
Businesses in nearly every industry have faced class action suits in the 2020s. Some have been tossed before they get off the ground, while others have led to major payouts and kickstarted widespread change in key industries like tech and retail. Chick-fil-A, Amazon, and Google have all settled multi-million dollar settlements in recent years.
Consumers can’t simply file a class action lawsuit without having their grievances vetted. A court must certify a class before allowing the case to proceed. The judge will consider factors such as the commonality of the legal and factual issues and how many potential class members there might be.
Next Steps in the Costco Baby Wipes Lawsuit
The Costco suit is still in its very early stages. Costco officials have pushed back against the allegations, claiming that the plaintiffs are using scare tactics to discourage parents from purchasing its Kirkland Signature Baby Wipes.
The plaintiffs are waiting for the judge to certify the class. If this happens, the plaintiffs can proceed with the claim and will likely move to the discovery stage. During discovery, both parties’ attorneys will conduct interviews and gather evidence to build their respective cases.
Costco has probably already begun preparing its defense. The company will likely argue that the claims of PFAS contamination are inaccurate or overblown. There are a few notable concerns about the plaintiffs’ claims that may give Costco the leeway it needs to have the suit thrown out.
For instance, the suit does not identify the specific PFAS the plaintiffs found in their testing. Therefore, it’s impossible to assess the actual toxicity of the chemicals. There are different maximum safe thresholds for each PFAS, which is why concentration levels are so pivotal to the issue at hand.
The common saying of “the dose makes the poison” is important to stress here. Any and every chemical can be poisonous at a given dosage, even including water. Though this case is unique because PFAS aren’t eliminated from the body like most other potentially harmful substances so those safe thresholds are especially low.
There’s also a good chance that Costco will ask the judge to dismiss the case outright, especially if it can present evidence that the PFAS levels are within safe ranges. The judge may dismiss the case in whole or in part. If the judge only throws out part of the case, the proceedings will continue so that the valid portions can be addressed.
Will the Case Go On?
The Costco class action case is in its very early stages, making it difficult to speculate about whether it will go on to negotiations or even a trial. If and when the judge certifies the class, the potential timelines will become clearer, and it will be easier to tell whether the case will transition into the next phase.
Can I Join the Lawsuit?
If you have purchased Kirkland Signature Baby Wipes, you may be eligible to join the class action lawsuit, assuming it proceeds. The courts typically establish eligibility criteria after certifying the class. These criteria will identify who can join, when they must have made a purchase, and what proof they must provide.
If you have purchased any affected baby wipes from Costco, track down and save your receipts. You should also save any boxes or packaging as proof of your purchase. Closely follow the progression of the case as well, and notify the plaintiff’s attorneys of your intent to file if you meet established eligibility requirements.
How the Suit Will Impact Consumer Trust
Several PFAS lawsuits have popped up in 2024 alone. These claims demonstrate that consumers are more conscious of what they put into or on their bodies and are willing to hold brands accountable for their marketing claims.
Consumers are increasingly aware of the risks associated with forever chemicals, and many are actively trying to eliminate PFAS from their daily routines. Companies that fail to disclose the presence of potentially harmful chemicals — or worse, mislead consumers — will undoubtedly face even more scrutiny in the coming years.
These claims may continue to rise over the next few years, especially given SCOTUS’ recent overturning of the Chevron doctrine, a legal precedent that allowed regulators like the EPA leeway when it comes to vague instructions from congress.
Similar Class Action Claims Over PFAS
PFAS have been discovered in several other consumer products as well. In May 2024, for instance, consumers hit BIC USA Inc. with a class action lawsuit in California federal court.
They alleged that some of its razors contain PFAS. Like the Costco claim, the allegations against BIC are in the very early stages. Judges still have to certify the proposed classes before the case can move forward.
Another high-profile PFAS suit involves RiseWell children’s toothpaste. The plaintiffs claim that the toothpaste, which the business advertises as natural and free of chemicals, actually contains dangerous levels of forever chemicals. If you ever see a product advertising that it is “free of chemicals”, be wary because that claim is always at least misleading (and often just a bold-faced lie). A chemical is simply any substance made up of elements with a defined composition, which includes water and all other natural products.
Among other arguments, the plaintiffs claim that they paid more for the product than they would have if they’d known about the PFAS. RiseWell toothpaste costs about $12 per tube, whereas generic toothpaste brands retail for around $4 each.
Both claims could have major implications for the consumable products industry. However, it could be months or even years before they are resolved.
Other Class Action Suits You Need to Know About
Several other class action suits could also have a big impact on consumer rights. One notable action involves Walmart, which reached a $45 million settlement with customers who were overcharged for certain food items.
The window to file a claim for this matter has closed. However, the case could still help create better transparency at the grocery store, saving you money and leading to informed purchasing decisions.
JUUL, the e-cigarette company, has reached a similarly large settlement with claimants. The $300 million settlement is part of ongoing legal challenges facing JUUL, which was accused of misleading consumers and marketing its nicotine products to minors.
One of the most interesting active suits involves Crocs. The plaintiffs state that the shoes shrink when exposed to water and ordinary heat. If you own Crocs that have shrunk, you may be able to join this class action claim and pursue compensation.
Participate in Class Action Claims to Protect Consumer Rights
The payout for most class action lawsuits is relatively small, especially considering how much major corporations make every year. However, class action suits aren’t solely about monetary compensation. They are also a mechanism for holding big businesses accountable for the way they treat — and sometimes mistreat — consumers. For example, if your child was harmed by exposure to PFAS in Costco wipes, you very well be owed considerable compensation.
If you’ve been negatively impacted by a company and are eligible to join a class action claim, you should speak to a lawyer about joining. By standing with your fellow claimants, you can help make a difference in your life and the lives of consumers everywhere.
Learn more about how to find and request unclaimed money from class action settlements so you can do your part to reshape commerce.