Target’s Up & Up Diaper Pail Refill Bags Provide Far Less Than Advertised One-Year Supply, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

Target faces a proposed class action lawsuit that claims the retailer’s eight-pack of Up & Up diaper pail refill bags provides far less than the advertised one-year supply.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 37-page Target lawsuit says that although the product is labeled as  capable of providing a “1 YEAR SUPPLY” of diaper bags, the average consumer will need to dispose of about twice as many diapers over the course of a year than would physically fit in the eight refill cartridges.

Similarly, Target’s representations indicate that the refill bags hold up to 2,176 diapers, far fewer than the 3,000 experts say most American parents go through in their baby’s first year, the case contends.

“Indeed, babies that truly use as few diapers as implied by Defendant’s math are either being improperly taken care of by their caregivers (thereby subjecting the babies to health risks), or have health issues that are abnormal,” the suit says.

The complaint points out that Target’s two label claims are each followed by small asterisks, which refer to a “tiny, almost unreadable,” portion of the product’s back packaging where disclosures are hidden. There, the defendant reveals that the “1 year supply” statement is “[b]ased on 25% of diaper changes taking place outside of the home,” and the “holds up to 2176 diapers” statement is based on the assumption that only newborn-sized diapers will be put into the pale, the suit relays.

According to the filing, no reasonable customer would expect the retailer’s one-year supply claim to be true only if 25 percent of their baby’s diapers are disposed of somewhere other than the refill bags. What’s more, it’s unrealistic to assume that consumers would use 2,176 newborn-sized diapers in one year, as most healthy babies progress to larger diaper sizes as they grow, the suit notes.

Even so, Target’s calculations suggest that a newborn baby will require less than six diaper changes per day, and the average six-month-old would need to dispose of less than four diapers per day, the complaint says. Per the filing, these estimates run contrary to assertions from pediatricians, hospitals and experts that babies use up to 12 diapers a day in their earlier months and gradually average about six diapers a day over the course of their diaper-wearing career, the case says.

“[Target’s] figures are so obviously divorced from real life that Defendant knew, on information and belief, that their labeling was false and misleading,” the lawsuit argues.

The filing claims consumers would not have spent their money on the diaper bags had they known they would receive roughly half of what Target promised.

The lawsuit looks to represent anyone in the United States who purchased Target’s eight-pack of Up & Up diaper pail refill bags within the past four years.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.