Kirkland Signature Ultra Clean Detergent Makes Fewer Laundry Loads Than Advertised, Class Action Claims
Medina v. Costco Wholesale Corporation
Filed: December 6, 2022 ◆§ 1:22cv7388
A proposed class action lawsuit alleges Costco Wholesale Corporation has misleadingly labeled its Kirkland Signature Ultra Clean detergent.
New York
A proposed class action lawsuit alleges Costco Wholesale Corporation has misleadingly labeled its Kirkland Signature Ultra Clean detergent in that a 5.73-liter bottle of the product will not be able to do as many loads of laundry as consumers are led to expect.
According to the 10-page case, the product’s label advertises that the container holds enough detergent for 146 loads of laundry. However, the lawsuit shares that a small, asterisked disclaimer tucked away on the back label amid “a wall of pictures, symbols and words of varying size, font and color” reveals that this number of loads can be reached only when the cap is filled to “slightly below line 4.”
Line 4 is designated as the amount for a “regular” size load, and beyond that is characterized as a “large” load, the filing says. The case claims that most consumers who typically do laundry in “large” loads will only realistically reach about 73 uses with this product.
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Per the suit, the representation on the front label promoting 146 loads of laundry is misleading because of the considerable difference in the number of loads that users might actually achieve. The Kirkland product’s bang-for-your-buck appeal means it is sold at a premium price, which, according to the case, has caused consumers to buy it at a price higher than comparable items marketed accurately.
The complaint asserts that the plaintiff, a Brooklyn, New York consumer, “paid more for the Product than she would have had she known the amount of detergent was sufficient for roughly half of that number of loads of laundry, or would not have purchased it.”
The lawsuit alleges that Costco understood the characteristics of popular products and the expectation of value typical of its shoppers and curated its marketing to align with consumers’ desires. Kirkland Signature, one of Costco’s private label brands, has an “industry-wide reputation for quality and value,” according to the case.
The lawsuit looks to represent anyone in New York, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, West Virginia, Arkansas, South Carolina, and Utah who purchased Costco’s Kirkland Signature Ultra Clean-brand detergent within the applicable statute of limitations period.
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