WaterWipes Lawsuit Claims ‘World’s Purest Baby Wipes’ Actually Contain Microplastics

WaterWipes Lawsuit Claims 'World's Purest Baby Wipes' Contain Microplastics

A California woman has filed a class action lawsuit alleging that WaterWipes contain microplastics, which could be especially dangerous for newborns and other babies.

The complaint (PDF) was brought by Devery Merlo in the U.S. District Court for the Northern District of California on June 2, naming Water Wipes (USA) Inc. as the sole defendant.

WaterWipes are a brand of disposable baby wipes marketed as a safer alternative to conventional wipes, claiming to be made almost entirely of water with just a small amount of fruit extract. Unlike many traditional baby wipes, which may contain synthetic cleaning agents or even plastic-based materials, WaterWipes are promoted as a gentler option for infants.

However, growing concerns about microplastics in everyday consumer products have led researchers to question the composition of even seemingly natural or “pure” items. Microplastics are tiny plastic particles, typically smaller than a pencil eraser, ranging in size from 5 millimeters down to just 1 nanometer. For context, a single human hair is approximately 70,000 nanometers wide.

These particles often form when larger plastic products, such as food wrappers, bottles and household packaging break down over time. They can also be released into the environment through tire wear, clothing fibers and other everyday sources, even becoming airborne.

In recent years, multiple studies have raised alarm about microplastics building up in the body, particularly in human brains or human testicles, since it has been found that pieces can be small enough to pass into the blood and other organs.

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In her lawsuit, Merlo indicates that she first purchased WaterWipes from Amazon.com in May 2020, and at least two more times in the years following.

Merlo says that she was attracted to the WaterWipes product specifically because she saw on the packages’ labeling that it was marketed as the “world’s purest baby wipes,” being both “plastic-free” and “pure,” containing only two ingredients: water and fruit extract. As a direct result of this marketing, Merlo indicates that she agreed to pay a premium price for the product.

However, the lawsuit points out that independent testing from a third party laboratory has found that the levels of microplastics in WaterWipes are 387 times that of laboratory grade isopropyl alcohol, which was used as a control substance in the experiment.

In addition, Merlo indicates in her complaint that newborns and other babies are more susceptible to microplastic absorption than adults, since their outermost layer of skin is more permeable, leading to the potential for numerous changes in their digestive, reproductive, central nervous, immune or circulatory systems.

“By misrepresenting the nature and quality of its Product, WaterWipes is able to capture the growing market of consumers who are concerned about plastic pollution and seek to support businesses with practices that are friendly to the environment and human health,” Merlo says.

Merlo raises allegations of unfair and deceptive acts and practices in violation of California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law, as well as various state consumer protection statutes, breach of express warranty of merchantability and unjust enrichment.

In addition to seeking certification of class action status for her complaint, with a special subclass for California residents, Merlo also seeks actual, statutory, compensatory and punitive damages.

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