WHITE PLAINS. N.Y. (Legal Newsline) – A New York mother has filed suit against a diaper manufacturer over allegations the diapers caused her son to develop a rash.
Heidy Morales filed a complaint individually and as parent and guardian of J.F., and on behalf of all others similarly situated on Aug. 15 in the U.S. District Court for the Southern District of New York against Kimberly-Clark Corp. citing the New York Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiff purchased the defendant's Huggies Snug & Dry diapers for her son, J.F., in 2017. She alleges the diapers caused her son to develop painful rashes that required medical attention. She alleges the product is defective and she would not have purchased the product had she known it was liable to have this effect.
The plaintiff holds Kimberly-Clark Corp. responsible because the defendant allegedly misrepresented the nature of the product and falsely represented it was fit to be used for the purpose for which it was intended.
The plaintiff requests a trial by jury and seeks restitution and disgorgement of all amounts obtained by the defendant, all recoverable compensatory and other damages, actual and/or statutory damages and ordering the defendant to engage in a corrective advertising campaign. She is represented by C.K. Lee of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 7:18-cv-07401-NSR