A class-action lawsuit has been settled with Procter & Gamble over its new diapers that P&G said were drier and thinner but parents said gave their babies a “chemical burn.” The diapers in question, Pampers DryMax, were introduced in 2008 with two varieties, Swaddlers and Cruisers. The 59 plaintiffs in the class-action lawsuit said their babies experienced diaper rash and burns and some wanted the defective DryMax diapers recalled. P&G says diaper rash is a common condition, not due to defective diapers, and the only difference with the DryMax is that fluffy materials have been removed to make them lighter and thinner.
The plaintiffs will be compensated about $1,000 per child while P&G will pay up to $2.7 in legal fees and will fund a pediatric training program. The settlement still needs to be approved by a judge in the U.S. District Court in Cincinnati, where P&G is based. The company reminds the public that the payments are for the legal time involved and do not represent any compensation for “damages, injury, or reimbursement for medical bills.”
The U.S. Consumer Product Safety Commission (CPSC), which takes complaints from consumers and those forwarded from manufacturers, says the P&G scientific testing data found no link between the diapers and any skin conditions.
Without admitting liability and as a concession, P&G will adjust its product label to include information leading to its website and a toll free number to learn more about skin rashes and diapering.
In order to file a lawsuit following an injury from a defective product in Florida, there needs to be a problem in the manufacturing or design of a defective product or the product information label must be inadequate to the extent that it led to the injury. Product liability claims are usually brought under negligence, strict liability, or breach of warranty to the customer.
Sources: http://communitypress.cincinnati.com/article/AB/20110610/BIZ01/306100044/P-G-settle-diaper-suit?odyssey=mod|newswell|text|communities|s and http://www.cpsc.gov/CPSCPUB/PREREL/prhtml10/10331.html
