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NAIROBI, Kenya, Oct 5 — More than 2,800 Kenyan consumers have filed a Certificate of Urgency at the High Court in Nairobi, accusing two global multinationals of selling and advertising sanitary and baby products allegedly containing petroleum oil while being marketed as “100 per cent Cotton” and “Pure Cotton.” The petitioners argue Procter & Gamble (makers of Always and Pampers) and Kimberly-Clark (producers of Kotex and Huggies) have violated consumer rights, public health, and environmental standards protected under Kenya’s Constitution and the Consumer Protection Act. They claim the products expose millions of women and children to “toxic materials” and that the misleading marketing constitutes “a continuing constitutional breach.” The application seeks conservatory orders restraining the firms from further sale and advertisement of the products until the matter is determined. Among the prayers before the court, the petitioners are seeking conservatory orders to halt the sale and advertisement of the disputed products pending full determination of the case, and interlocutory judgment against the 1st and 3rd respondents—Procter & Gamble—for failing to file responses within the 14-day directive issued by Justice Chacha Mwita on October 15, 2024. Non-parties They are also seeking the expungement of filings made by non-parties, including Procter & Gamble Distribution East Africa Ltd and Kimberly-Clark Suppliers, for lack of locus standi, and orders compelling the companies to disclose the full composition of their products and correct the alleged misleading labeling. “The continued sale, use, and advertisement of toxic sanitary and infant products jeopardize millions of women and children, degrade the environment, and undermine the very essence of the constitutional guarantees to human dignity,” reads part of the petition. The petition further cites economic sovereignty concerns, alleging that Kenya loses over Sh60 billion annually through the importation of petroleum-based sanitary and baby products, despite having the potential to sustainably produce cotton-based alternatives locally. “The economic independence and sovereignty of Kenya hang in the balance,” the petitioners argue, adding that the country could generate over Sh100 billion annually through local cotton production and value addition. The case, which lists the Law Society of Kenya as an interested party, seeks interlocutory judgment against the multinational manufacturers for failing to respond within the court’s stipulated timelines. The matter is pending before the Constitutional and Human Rights Division of the High Court. According to the petitioners, the manufacturers violated Kenya’s Consumer Protection Act and Article 46 of the Constitution, which guarantees consumer rights, by failing to disclose full product composition and using packaging that implies natural cotton while predominantly using synthetic materials. In October 2024, the High Court deferred the hearing to March 24, 2025, to allow parties time to file affidavits and exchange documentation.
