Up & Up Flushable Wipes

March 2019: The Neumann appeal was voluntarily dismissed after the court ordered the objector to post an appeal bond (money held while an appeal is being decided to ensure that the costs of an appeal are paid).

October 2018: The Ference appeal was voluntarily dismissed, the reasons for which have not been disclosed.

August 2018: A federal judge granted final approval of the settlement agreement. Later in the month, two objectors (Ference and Neumann) filed Notices of Appeal regarding the decision to approve the settlement.

April 2018: A federal judge preliminarily approved a proposed settlement agreement in this case. According to the settlement terms, class members may receive a $1.35 Target gift card or a coupon to use toward a purchase of Up & Up wipes for each product purchased. Class members without proof of purchase may recover for a maximum of 20 purchases while class members with proof of purchase may recover for every product they purchased. In addition, Target stopped selling one formulation of Up & Up wipes (the “Buckeye” formulation) shortly after the lawsuit was filed. A final fairness hearing is scheduled for August 7, 2018. For more information, go to http://www.upandupwipessettlement.com/.

July 2014: Plaintiffs amended their complaint to add Nice-Pak Products, Inc. as a defendant in the case.

April 2014: A false advertising class-action lawsuit was filed against Target alleging that the store markets Up & Up Flushable Wipes as “flushable” and “sewer and septic safe” when, according to the complaint, the wipes do not break apart after flushing and clog toilets. (Meta et al v. Target Corporation and Nice-Pak Products, Inc., Case No. 14-cv-00832, N. D. OH.).

For more information about other class-action lawsuits regarding flushable wipes and TINA.org’s coverage of the issue, click here.


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