California Mother Files Class Action Against Walmart Over Misleading “Hypoallergenic” Baby Petroleum Jelly Label
A California mother, Lacey Timmins, has launched a class action lawsuit against Walmart, accusing the retail giant of falsely labeling its Parent’s Choice Baby Petroleum Jelly Skin Protectant as “hypoallergenic.” Timmins filed the complaint on October 28 in the U.S. District Court for the Eastern District of California, claiming that Walmart’s labeling misrepresents the product and violates both state and federal consumer protection laws.
Timmins contends that the “hypoallergenic” label is misleading due to the presence of fragrance ingredients, which are widely recognized as triggers for allergic contact dermatitis, a common skin condition that impacts millions of Americans. The lawsuit asserts that Walmart uses terms like “hypoallergenic” to establish consumer trust and drive sales, but in doing so, allegedly causes both financial harm and health risks for consumers.
Fragrance and Allergic Reactions: Plaintiff's Allegations
According to Timmins, the American Academy of Dermatology identifies fragrance as a primary cause of allergic contact dermatitis, which is estimated to affect around 2.5 million people in the United States. She highlights that, from 1996 to 2016, incidents related to personal care products increased by nearly 300%, leading to a rise in consumer reliance on labels like “hypoallergenic” for guidance.
Parents of children with skin sensitivities often perceive “hypoallergenic” products as safe and free from common allergens, Timmins claims in her suit. She explains that she purchased Walmart’s Parent’s Choice Baby Petroleum Jelly under the impression that it was safe for her son’s sensitive skin, noting that had she known about the fragrance allergens, she would have chosen a different product or one truly free of allergens.
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Consumer Expectations and Walmart's Alleged Misrepresentation
Timmins argues that consumers have a reasonable expectation that brands will provide accurate information about product ingredients, especially when it pertains to health and safety. Her lawsuit seeks to represent all U.S. individuals who purchased the product in the past four years. She is pursuing claims under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, as well as claims for breach of warranty.
In her legal filing, Timmins requests class action certification, damages, legal fees, costs, and a jury trial. She asserts that Walmart’s use of “hypoallergenic” labeling has financially and potentially physically harmed consumers seeking safe skincare options for sensitive skin.
Related Class Actions Against Walmart
This lawsuit is not the only legal challenge Walmart faces regarding product labeling. The retailer is currently defending at least two other class action lawsuits alleging that its Great Value brand avocado oil is “impure” and contains other, cheaper oils instead of pure avocado oil. These ongoing cases add to Walmart’s mounting legal scrutiny over its product marketing practices.
Legal Representation and Case Details
Timmins is represented by attorneys Joel D. Smith and Yeremey O. Krivoshey from the law firm Smith Krivoshey PC. The case is titled Lacey Timmins v. Walmart Inc., Case No. 1:24-at-00876, filed in the U.S. District Court for the Eastern District of California.
This lawsuit underscores the importance of truthful labeling in consumer products, particularly those aimed at individuals with health sensitivities. As Walmart faces legal pressure from multiple class actions, the outcome of these cases may significantly impact the standards for marketing and labeling practices across the retail and personal care industries.
