On June 20, 2024, a class action lawsuit was filed in California against popular warehouse club Costco and Nice-Pak Products, the producer of its Kirkland Signature Baby Wipes, Fragrance-Free. The suit alleged that the baby wipes contained high levels of per- and polyfluoroalkyl substances (PFAS), synthetic substances linked to serious health consequences, including cancer, developmental delays, hormone regulation, and more.

Marketed by Costco as hypoallergenic, plant-based, and made with naturally derived ingredients, the Kirkland wipes stood out as an attractive option for health-conscious parents concerned about their infants’ and children’s well-being. Like many others, Marisa Bullard and Mila Corrigan trusted these claims and felt safe using the wipes on their children. That changed when third-party testing by a Department of Defense laboratory allegedly revealed that the wipes contained 3.7 parts per billion of PFAS.

Bullard and Corrigan were shocked and appalled at the findings—they had both opted to purchase the Kirkland product over other options, even paying a price premium, because of Costco and Nice-Pak’s marketing of the wipes as safe for babies and children. Bullard felt so secure using the wipes on her children that she purchased them multiple times between February 2022 and February 2024. 

In light of the laboratory findings, Bullard and Corrigan’s attorneys filed a lawsuit on their behalf, alleging the women would not have purchased the baby wipes had they known they were unsafe. The suit claims Costco and Nice-Pak Products deceptively marketed the wipes, accusing the companies of fraud, breach of express warranty, unjust enrichment, fraudulent concealment or omission, and negligent misrepresentation. 

Along with their attorneys, plaintiffs Corrigan and Bullard chose to file a class action lawsuit against Costco and Nice-Pak Products to give others who purchased the allegedly unsafe baby wipes an opportunity to hold the companies accountable and to seek compensation.

Costco has not recalled or changed its marketing strategy surrounding its fragrance-free Kirkland Signature Baby Wipes in response to the lawsuit. In fact, it has doubled down on its stance that the baby wipes are safe—the corporation asked a judge to dismiss the lawsuit, calling it an effort to “scare innocent parents.”

PFAS Concerns Ignite a Wave of Lawsuits

The chemicals called into question in the Costco baby wipes lawsuit are PFAS, or per and polyfluoroalkyl substances. PFAS are commonly known as “forever chemicals” because of the extremely slow rate at which they break down in the environment and their tendency to bioaccumulate (or build-up) in living organisms—including humans. 

Though some of the thousands of PFAS have been phased out in the United States, many are still used in manufacturing processes. Americans are exposed to PFAS through food, drinking water, household products, food and product packaging, personal care products, and more. 

The Kirkland Signature Baby Wipes litigation is the newest installment in a series of class action lawsuits concerning PFAS. In 2024 alone, lawsuits were filed against several companies for allegedly marketing PFAS-containing products as safe, including Johnson & Johnson Consumer, Inc. for its Band-Aids, Illuminati Labs and RiseWell, LLC for their RiseWell Kids Mineral Toothpaste, and BIC USA for the lubricating strips in some of its razors.

Are consumers right to be concerned about PFAS? Studies indicate they are. The U.S. Environmental Protection Agency (EPA) notes that exposure to certain levels of PFAS may result in severe health problems in humans, some of which are particularly concerning for children and babies. This makes the presence of PFAS in children’s products like the Kirkland baby wipes even more alarming. Notable health concerns for infants and children include:

• Immune system effects, including diminishing the body’s immune response to vaccines and potentially reducing the efficacy of childhood immunizations
• Development delays, like behavioral problems, early onset of puberty, bone growth issues, and more

Other health effects linked to exposure to certain levels of PFAS are equally concerning, including: 

• Increased risk of certain cancers
• Reproductive harm
• Hormone disruption
• Increased cholesterol and risk of obesity

Spotlight on Baby Wipe Safety Intensifies

The allegations against Costco and Nice-Pak Products are part of a broader trend of concerns surrounding baby wipe safety. Following issues experienced by parents, unfounded claims were made in 2022 that Walmart’s Parent’s Choice baby wipes were contaminated with heavy metals. Though Walmart neither confirmed nor denied the claims, they subsequently removed several lot numbers of the wipes and offered a full refund to customers who had purchased them, citing “a quality issue.” 

A recent Consumer Reports investigation revealed that, out of 15 wipes tested, 6 contained harmful or unclear ingredients. Similarly to the fragrance-free Kirkland Signature Baby Wipes, many of these products are marketed as “natural” and safe. The report also included a list of wipes found to be free from concerning chemicals, helping parents choose healthier options for their children.

As scrutiny around baby wipe ingredients continues to mount, companies are feeling the pressure. Litigation like the Costco baby wipes lawsuit is an important step in holding big corporations accountable for product safety and transparent marketing, allowing parents to make clear and informed choices for the health of their families.