Segal McCambridge Attorneys Obtain Dismissal of Client Kimberly-Clark from Class Action in Children's Bath Product Case


April 16, 2010

Segal McCambridge attorneys have obtained the dismissal of client Kimberly-Clark Corporation from a class action lawsuit involving children's bath products. The Hon. Dennis M. Cavanaugh of the U.S. District Court, District of New Jersey, delivered the opinion on April 15, 2010.

The case involved the Kimberly-Clark product Huggies Soft Skin Shea Butter Baby Wipes and other products. Judge Cavanaugh's decision hinged on a question of standing, namely whether the plaintiffs, in the absence of any specific injury, could claim standing based on the presence of allegedly harmful chemicals in the products.

The judge ruled, as far as Segal McCambridge's client's products were concerned, that "[i]nsofar as Plaintiffs claims pertain to allegedly toxic chemicals that have not been banned by the FDA for use in cosmetics, ... any potential injury is too remote, hypothetical and/or conjectural to establish standing in this matter." Therefore, Judge Cavanaugh dismissed Kimberly-Clark from the case.

Jeff Singer, Jill Felkins, Kim Kayiwa, Greg McMahon and Nancy Woodworth represented Kimberly-Clark.