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Flushable Wipes Class Certification Gets Immediate Appeal

June 16, 2017, 9:26 PM

Costco, Kimberly-Clark and Procter & Gamble won the right to immediately appeal the certification of several consumer classes in litigation alleging “flushable” personal wipes were misleadingly labeled (Belfiore v. Procter & Gamble Co., 2d Cir., No. 17-1861, 6/14/17).

The U.S. Court of Appeals for the Second Circuit June 14 granted the companies’ petitions under Federal Rule of Civil Procedure 23(f), which gives appellate courts the discretion to immediately review certification decisions.

In March, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York certified separate New York consumer classes against Costco Wholesale...

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