Always, Pampers, Kotex, Huggies Not Made Of Cotton, Unsafe For Use, Court Told

An advocate who has sued Proctor & Gamble and Kimberly Clerk for manufacturing and distributing unsafe products to Kenyans says the products are not only unsafe for humans but also the environment .

Joseph Mwai told the court that the products by the two companies, Always, Pampers, Kotex and Huggies are not bio-degradable.

The petitioner refuted claims by the companies that their products are made of cotton.

“If any anyone were to bury a tampon, sanitary pad or wipe made by respondents and return after one year, they would still find it there. The respondents’ products are not biodegradable, they do not decompose, as they are not natural,” Mwai told the court.

Mwai has sued P&G and Kimberly Clerk over misleading advertisement and inadequate information on the material used to manufacture their products.

According to the applicant, there is no adequate information on the packaging of their products. He adds that the only place you find the said information is on their websites but not the packaging.

It is his argument that the products used to manufacture these goods pose a health risk to Kenyans since some of them have been associated with diseases like cancer.

Delaying tactics

Mwai has also accused the two companies of using delaying tactics in the case and urged the court to take judicial notice.

In his replying affidavit, the applicant claims that a preliminary objection filed by P&G Distribution East Africa Limited are clear delaying tactics since they claim that they are not the local distributors.

“The respondents’ argument that they are not the local distributors is a flimsy and evasive excuse that fails to address the court issues,” Mwai stated in his replying affidavit.

Mwai argues that the matter concerns grave violations of consumer rights and attempts by the respondents to shirk responsibility only demonstrates their unwillingness to face the serious consequences of their actions.

“I pray the court to take judicial notice that the products sold by the respondents are essential, not optional and highly sensitive directly affecting the health, safety, dignity and economic rights of millions of families, women and infants,” he added.

According to the petitioner, there are about 15 million women between the ages of 15-49 years using various sanitary products monthly, which is over 501,160 daily consumers and approximately 2,759,185 products per day.

He added that ere are about 2.46 million infants between the ages of 0-3 years, each consuming 8-10 diapers daily , meaning between 19.68 million diapers per day.

In their preliminary objection, P&G Distributors East Africa Ltd argued that all products associated with the company that are in Kenyan market have fully accorded with the law in the manner and style of presentation of the content in their products packages.

The company claimed that the mandatory information disclosed in their products has always been clear, comprehensible and in accordance with standards set under the Consumer Protection Act.

It further claimed that all known potential health risks with products associated with the company that are currently being sold in the Kenyan market already included in the product packaging materials as required under the CPA.