Environment & Energy Report

Costco, Kimberly-Clark Must Face Only One Flushable Wipes Class

June 26, 2020, 10:21 PM

Costco Wholesale Corp. and Kimberly-Clark Corp. must face a damages class in a suit alleging they sold and made mislabeled flushable wipes, but class status for an injunctive relief class was improper, the Second Circuit said Friday.

A lower court certified the injunctive relief and damages classes in October after finding Joseph Kurtz showed he could prove injury and causation with common evidence in his suit that alleges the wipes can’t really be flushed down the toilet as advertised.

The companies appealed that decision, saying Kurtz failed to show he was an adequate and typical representative for the class. They...

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