CASE NAME: Nicole Murgolo v. Target Corporation

CASE NO. 7:26-cv-05310

JURISDICTION: United States District Court for the Southern District of New York

FILED ON: June 24, 2026

CLASS DEFINITION: All consumers in the United States who purchased the recalled Up & Up baby wipe products during the applicable class period, including a proposed New York subclass.

SUMMARY: According to the complaint, Target Corporation failed to disclose that certain Up & Up baby wipes were contaminated with, or at risk of containing, Burkholderia cepacia complex (Bcc) and Burkholderia gladioli, bacteria that the lawsuit alleges can pose serious health risks, including respiratory infections and pneumonia. The plaintiff contends that consumers reasonably expected baby wipes marketed for use on infants to be free from harmful contaminants and that Target’s omission of this information rendered the products misleading. The lawsuit further alleges that although Target announced a recall on June 4, 2026, the recall process was inadequate because consumers were required to retain the affected products to receive a refund, despite many products having been purchased and used months before the recall was issued.

ALLEGATIONS: According to the complaint, Target manufactured, marketed, and sold Up & Up baby wipes without informing consumers that the products allegedly contained, or were at risk of containing, harmful bacterial contamination. The lawsuit alleges that reasonable consumers rely on product packaging to accurately disclose material information affecting product safety, particularly for products intended for infants and use on sensitive areas of the body. The plaintiff claims the packaging omitted any warning regarding the presence or potential presence of Burkholderia bacteria, creating the impression that the products were safe for their intended use.

The complaint alleges that consumers could not independently determine whether the wipes were contaminated because the alleged contamination could only be identified through laboratory testing. As a result, the plaintiff contends that consumers necessarily relied on Target’s representations and omissions when deciding to purchase the products.

According to the lawsuit, Target possessed superior knowledge regarding its manufacturing processes, ingredient sourcing, quality control procedures, and the potential risk of bacterial contamination. The complaint alleges that the company had the ability to test the products before distributing them but nevertheless sold the wipes without disclosing the alleged contamination risk. The plaintiff contends that had consumers known the products allegedly contained or were at risk of containing Burkholderia, they would not have purchased the wipes or would have paid substantially less for them.

The complaint further alleges that Target’s June 4, 2026 recall did not adequately compensate affected consumers. According to the lawsuit, the recall required customers to retain the affected products to obtain refunds, even though the recalled wipes had been sold beginning in November 2025. Because baby wipes are disposable products typically used shortly after purchase, the plaintiff alleges that many consumers no longer possessed the packages needed to qualify for reimbursement. The lawsuit contends that this requirement significantly limited the effectiveness of the recall and left many purchasers without a meaningful remedy.

The plaintiff seeks to represent a nationwide class of purchasers, as well as a New York subclass, asserting claims under New York consumer protection statutes for deceptive business practices and false advertising, in addition to negligence and unjust enrichment. The lawsuit seeks monetary damages, statutory damages where applicable, restitution, punitive damages, attorneys’ fees, costs, and injunctive relief requiring changes to Target’s labeling and marketing practices. The allegations remain claims made in the complaint, and no court has determined whether they have merit.

TAGS: Target,