I will get a copy of the complaint uploaded soon, but some of the highlights are below. If you would like a copy emailed to you, please email me at: firstname.lastname@example.org
The Complaint cites some factual background with published reports from research groups on the unique qualites of babies which we found surprising and extremely informative:
"Children are more susceptible to chemical toxicity than adults" and "infants have a relatively greater surface area of skin than adults, thereby increasing their potential dermal absorption of certain compounds." "This higher rate of intake means that children will receive higher doses of whatever contaminants are present..."
"The thin skin of a newborn may well be more permeable to specific chemicals than the skin of an adult. Compounding this fact, the surface area of a child's skin relative to body weight is greater than adults, such that the potential dose of a chemical following dermal exposure is likely to be about 3 times greater than infants than adults."
The complaint's alleges these legal theories (details of each in the complaint):
- Strict products liability - Defect in design or manufacture
- Strict products liability - Failure to Warn
- Misleading & Deceptive Advertising
- Untrue Advertising
- Unlawful Business Acts & Practices
- Unfair Business Acts & Practices
- Fraudulent Business Acts & Practices
- Breach of Express & Implied Warranties
- Intentional Misrepresentation / Fraud
- Negligent Misrepresentation
- Unjust Enrichment
- Negligence & Negligence Per Se
- Violation of Magnuson-Moss Act
- Injunctive & Declaratory Relief
Thank you to this plaintiff and her team for taking this legal stance and demanding Carters finally do the "right thing" for everyone involved.