Kenya Court Delays Hearing on 'Always' and Huggies Deceptive Marketing Case

The High Court has deferred a petition seeking to compel two manufacturers to provide accurate information about materials used in sanitary products to next year.

Justice Chacha Mwita has scheduled the hearing for March 24, 2025, after instructing the petitioner's lawyer Joseph Mwai and the manufacturers, Procter & Gamble and Kimberly-Clark, to exchange court documents. In his petition, Mwai accuses the American manufacturers of engaging in misleading advertising. He alleges that they falsely claim their sanitary pads and diapers are made from cotton or cotton-like materials when they contain synthetic components. Mwai contends that this constitutes a violation of Section 12(1) of the Consumer Protection Act, as the firms have made false representations in their marketing.

The lawyer further argues that the manufacturers have failed to disclose critical information about the synthetic materials used in their products. He asserts that this lack of transparency indicates a deliberate strategy to prioritize profits over consumer welfare and safety thus undermining consumers' ability to make informed choices. Mwai claims that P&G marketed their 'Always Ultra' sanitary pads with the tagline "soft like cotton," despite the pads containing synthetic materials rather than actual cotton. Similarly, he alleges that Kimberly-Clark has been marketing 'Huggies' diapers with an emphasis on comfort and softness, implying the use of high-quality materials such as cotton, while in reality using numerous synthetic substitutes.

The petitioner seeks a court order directing the manufacturers to remove from the market all products that do not provide accurate information regarding the materials used. He argues that the list of ingredients provided, which includes complex chemical compounds demonstrates the difficulty for the average consumer to comprehend the true nature and potential health implications of these materials. Mwai contends that the use of technical jargon and unfamiliar terms creates a major barrier to understanding, leaving consumers vulnerable and unable to make informed decisions about products they use daily, particularly on sensitive areas of the body.

He notes that the companies manufacture, market, and distribute various sanitary products under brand names such as Always, Pampers, Huggies, and Kotex. The lawyer has filed the suit on behalf of himself, his family, and all women and children within the class of consumers who have suffered similar grievances under Section 5 of the Consumer Protection Act. He emphasizes that given the prolonged use of these products, any harmful or misleading ingredients pose significant risks to the health and well-being of consumers, especially women and children.