United States District Court for the Northern District of Illinois
Class Action Complaint
Case: 1:26-cv-06966
Bryson attorneys are pursuing a class action with Target over baby wipes that contained harmful substances which were not made known to consumers.
Background
This nationwide and state action seeks to remedy the deceptive and misleading business practices of Target Corporation with respect to the manufacturing, marketing, and sale of Up&Up branded Fragrance Free and Fresh Cucumber scented baby wipes. The “UP & UP” brand is Target’s own private label product. Target did not disclose to consumers on its packaging that the products are contaminated with Burkholderia cepacia complex (B. cepacia) and Burkholderia gladioli (B. gladioli), which cold lead to serious and life-threatening infections.
The Food and Drug Administration (FDA) noted the following: Use of products contaminated with Burkholderia cepacia complex and Burkholderia gladioi may result in serious and life-threatening infections. The products are predominantly used on newborns, infants, and young children, who are particularly vulnerable to opportunistic infection due to their immature immune systems. In healthy individuals, use of the product on skin with minor lesions will more likely result in local infections, whereas in immunocompromised individuals, newborns, infants and young children, the infection is more likely to spread into the bloodstream, potentially leading to life-threatening sepsis or pneumonia.
Consumers have become increasingly concerned about the products they use on their children, and they expect baby wipes products will not contain harmful substances that cause severe disease and could be life-threatening. The only way consumers would know the products contained B. cepacian and B. gladioli would be to have had the product extensively tested in an appropriate laboratory, which is not reasonable. Therefore, consumers trust manufacturers to sell products that do not contain harmful substances.
Target issued a recall of products in June 2026, instructing customers to stop using the product immediately, and return any products to a Target store. however, these are products that are disposed of upon use, and consumers may not have retained a receipt.
Consumers paid a premium for these products which were marketed as safe for use. Consumers rely on marketing and information in making purchasing decisions. B. cepacian and B. gladioli are not identified or listed anywhere on the packaging. Target is in the position to know the ingredients and materials used in manufacturing its products and the risks associated with their products. This is not knowledge available to consumers.
Causes of action include negligence, unjust enrichment, violation of the Illinois Consumer Fraud Act, violation of the Illinois Uniform Deceptive Trade Practices Act, breach of Express warranty, and breach of implied warranty of merchantability.
Bryson attorney: Russell Busch, Nick Suciu, Trenton Kashima, Luis Cardona