Class Action Challenges ‘Germ Removal’ Claims for Kleenex Wet Wipes

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A group of consumers alleges a certain variety of Kleenex-brand wet wipes are unable to kill “99% of germs” as advertised. 

According to the 20-page lawsuit, the Kleenex wet wipes at issue, which are sold in an orange, soft-sided rectangular package and touted as free from “harsh chemicals,” contain no germicidal ingredients, such as alcohol, and thus cannot “wipe[] away 99% of germs from skin.” 

In fact, the suit says, the “germ removal” product contains no chemical cleanser in “any significant quantity,” as the wipes’ two active ingredients, coco-betaine and polysorbate 20, are actually “surfactants” more in line with the ingredients in regular soap. No reasonable consumer would consider soap to be a chemical, the filing contends. 

“A reasonable consumer, such as each of the plaintiffs here, does not distinguish between killing and removing germs,” the complaint states. “A reasonable consumer, such as each of the plaintiffs here, believes that a product said to wipe away 99% of germs contains something that is more effective than soap.” 

As the lawsuit tells it, Kleenex wet wipes maker Kimberly-Clark Corporation “counts upon consumers’ familiarity” with the claim that germicidal products can kill “99%” of germs or more “to sell what is really just soap,” and at a premium price. 

Further, Kimberly-Clark does not instruct Kleenex wet wipes buyers to scrub with the product, which, according to the suit, suggests to consumers that the wipes are effective when applied in a purely topical manner. 

The case says Kimberly-Clark further misrepresents the Kleenex wipes’ “germ removal” capabilities by stating on the back of packaging that what makes the product “work” is not soap but rather water itself. However, no reasonable consumer would “reasonably be expected to read the back, or the small print of the product,” just as no reasonable buyer would expect that the defendant is selling a “germ removal” product “that is just water,” the suit argues.

The lawsuit notes that the Kleenex wipes product at issue, which comes in an orange package, is labeled similarly to Kleenex wipes that come in blue (gentle clean) and green (sensitive) packages, yet the wipes with the orange label are the only ones touted as able to remove “99% of germs.” 

According to the suit, Kimberly-Clark is aware that consumers want the efficacy of alcohol-based sanitizing products without the harsh effects alcohol can have on skin, and presents the Kleenex wipes in a way that implies the items can remove germs without alcohol, alongside other alcohol-based products. 

“Consumers think that they are buying a product that eliminates germs just like an alcohol germicide yet is actually just a wipe damp with water for which they have paid a premium,” the case summarizes. 

The suit looks to cover all consumers in the United States who have purchased Kleenex “germ removal” wet wipes at any time. 

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