Kleenex® Cottonelle® Fresh Care Flushable Wipes and More

October 2017: The Ninth Circuit Court of Appeals reversed the district court’s dismissal finding that the complaint adequately stated a claim. The appellate court also found that the named plaintiff had standing (i.e., a proper basis) for injunctive relief because she “properly alleged that she faces a threat of imminent or actual harm by not being able to rely on Kimberly-Clark’s labels in the future.” The case was remanded for further proceedings.

June 2015: The named plaintiff filed a Notice of Appeal regarding the dismissal of this case. (Case No. 15-16173, 9th Cir).

December 2014: A federal judge dismissed this action with prejudice, concluding that the complaint failed to state a plausible claim for relief.

September 2014: A class-action lawsuit that was filed against Kimberly-Clark (a manufacturer of pre-moistened cloths and wipes) was amended and alleges that the company deceptively markets several products – including Kleenex® Cottonelle® Fresh Care Wipes & Cleansing Cloths, Scott Naturals® Flushable Moist Wipes, and Huggies® Pull-Ups® Flushable Moist Wipes – as “flushable” when, according to plaintiffs, they take hours to break down and can cause many sewer, septic, and plumbing problems. (This lawsuit was originally filed in state court in March 2014 and transferred to federal court in April 2014.) (Davidson et al v. Kimberly-Clark Corporation; Kimberly-Clark Worldwide, Inc.; Kimberly-Clark Global Sales LLC, Case No. 14-cv-01783, N. D. CA.).

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

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

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