Bloomberg Law
Free Newsletter Sign Up
Bloomberg Law
Welcome
Go
Free Newsletter Sign Up

Kimberly-Clark Can’t Flush Flushable Wipes Class Action

Oct. 20, 2017, 8:06 PM

Kimberly-Clark Corp. must face claims that it falsely advertised its pre-moistened wipes as flushable after the U.S. Court of Appeals for the Ninth Circuit revived a class action Oct. 20 (Davidson v. Kimberly-Clark Corp., 9th Cir., No. 15-16173, 10/20/17).

The price premium consumers paid for wipes labeled as flushable is enough to give them standing to sue, without allegations the wipes damaged home plumbing, Judge Mary H. Murguia wrote for the court.

It also ruled on an issue that was previously an open question in the circuit: whether plaintiffs may push for product label changes given their later-acquired ...