Environment & Energy Report

Costco, P&G, Kimberly-Clark Face Renewed NY Wipes Class Action

Oct. 25, 2019, 8:52 PM

Costco Wholesale Corp., Kimberly-Clark Corp., and Procter & Gamble Co. will face a recertified class of consumers challenging the flushability of flushable wipes, the Eastern District of New York said Oct. 25.

The court certified injunctive relief and damages classes of New York consumers in 2017. On appeal, the Second Circuit remanded with concerns about the plaintiffs’ ability to show classwide harm.

Evidence introduced by the plaintiffs after remand sufficiently demonstrated that common evidence can prove causation and injury, Judge Jack B. Weinstein wrote for the U.S. District Court for the Eastern District of New York.

The plaintiffs’...

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