P&G Wet Wipes Purchasers Move For Class Certification in Mislabeling Lawsuit

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A Class of California consumers are urging a federal court judge to certify their lawsuit against Procter & Gamble Co. over allegations it falsely claims its Freshmates wet wipes are flushable.

On Wednesday, lead plaintiff Jamie Pettit told a California federal judge that in a similar case pending in New York, a federal judge has said he intends to certify a group of Charmin Freshmates wet wipes purchasers to pursue similar claims under New York law.

According to plaintiffs’ motion to for Class certification, Procter & Gamble’s Charmin Freshmates wet wipes have forced municipalities throughout California to spend millions of dollars to “ameliorate” the problems caused by the “flushable wipes” despite not being suitable for flushing.

The motion points to U.S. District Judge Jack B. Weinstein of New York remarks made at a hearing on Feb. 3, 2017, where he lifted a stay in the case and noted he would be certifying the Class on grounds that millions of wet wipe consumers were misled by P&G’s representation that the wet wipes are flushable.

Judge Weinstein already granted certification for two flushable wipes class action lawsuits pending before him. These class action lawsuits target Cottonelle and Kirkland Signature Brand flushable wet wipes, which are both manufactured by Kimberly-Clark.

In Pettit’s California complaint, the Class claims that its expert’s testing of the Freshmates wet wipes confirms that they are not flushable and are not biodegradable.

“For example, after subjecting both versions of the Freshmates to an agitation test for 30 minutes, neither version had broken into any pieces, and neither version had even the first rip or tear, whereas three brands of toilet tissue dispersed into 1-inch pieces in less than three minutes,” the motion said.

Pettit also says the Class meets legal standards to be certified under Rule 23, and satisfies all four requirements including numerosity and common questions of law or fact.

Additionally, Pettit states all Class Members were susceptible to violations of the California Plumbing Code, which makes it illegal to flush “any other thing whatsoever that is capable of causing damage to the drainage system or public sewer.”

On Jan. 19, Procter and Gamble filed a motion to dismiss the proposed class action lawsuit, arguing that Pettit has continued to refuse P&G’s request to inspect her toilet and plumbing, which she claims was clogged on numerous occasions in 2014 as a result of flushing the Freshmates wet wipes.

“P&G has sought entry into plaintiff’s condominium unit to permit its plumbing expert to conduct a routine inspection of plaintiff’s toilet and plumbing,” Procter & Gamble stated. “Where P&G inspected that plaintiff’s plumbing without incident, such an inspection is likely to yield evidence that is highly relevant to this case, including to P&G’s defenses to class certification and on the merits.”

Pettit is represented by Adam J. Gutride, Seth A. Safier and Kristen G. Simplico of Gutride Safier LLP, Lorenzo B. Cellini of Tycko & Zavareei LLP, and Stuart E. Scott of Spangenberg Shibley & Liber LLP.

The Procter & Gamble Flushable Wipes Class Action Lawsuit is Pettit v. Procter & Gamble Co., Case No. 3:15-cv-02150, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 31, 2018, consumers have secured a settlement in a class action lawsuit alleging Charmin’s so-called flushable wipes are not as plumbing friendly as advertised.

UPDATE 2: December 2018, the Charmin Freshmates Flushable Wipes class action settlement is now open. Click here to file a claim.

UPDATE 3: On June 29, 2019, Top Class Actions viewers started receiving checks from a Charmin flushable wipes class action settlement worth as much as $4.60. Congratulations to everyone who filed a claim and got PAID!