Tuesday, November 11, 2008

The Class Action Against Carters Begins...

Carters must now respond through the legal system. The class plaintiff in CA, Lindsey Webb, and her attorneys from Emerson Poynter, Whatley Drake & Kallas, Thomas Butler and Robert Jigarjian filed this Class Action Complaint on November 6, 2008. We are pleased with the complaint's allegations and requested relief for plaintiffs. Please read on.

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: avastaglesshorrorwithcarters@gmail.com

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):
  1. Strict products liability - Defect in design or manufacture
  2. Strict products liability - Failure to Warn
  3. Misleading & Deceptive Advertising
  4. Untrue Advertising
  5. Unlawful Business Acts & Practices
  6. Unfair Business Acts & Practices
  7. Fraudulent Business Acts & Practices
  8. Breach of Express & Implied Warranties
  9. Intentional Misrepresentation / Fraud
  10. Negligent Misrepresentation
  11. Unjust Enrichment
  12. Negligence & Negligence Per Se
  13. Suppression
  14. Violation of Magnuson-Moss Act
  15. Injunctive & Declaratory Relief
They are demanding a jury trial. Finally, some of the relief they are requesting is a certification of the class of plaintiffs, judgment to "restore, by way of restitution, refund, or reimbursement, to any person in interest any money paid to and/or acquired by Carters" and "an Order directing Carters to immediately take all reasonable steps to ensure the defective clothing is removed from the stream of commerce...."

Thank you to this plaintiff and her team for taking this legal stance and demanding Carters finally do the "right thing" for everyone involved.


BUTTERFLY1883 said...


Janet said...

My older post in October has their emails, but here they are again. I wish you the best in the lawsuit. Good luck with everything!

John Emerson and his email is john@emersonpoynter.com

Rob Jigarjian and his email is jigarjianlaw@gmail.com

Eve said...

I also would like to join

Janet said...

Eve, the attorneys contact information (emails) are in this blog. If you need more information, please email me at


Anonymous said...

As a former designer for Carters for approximately 5 years, I am confident there was extreme neglect when doing the proper research and development on the"tagless" label development. I have not been with Carters for a few years ,but do remember the initial thoughts behind the "tagless" development.I wish you all the best of luck with the lawsuit against the Carters Brand.