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Cottonelle Wipes Class Action Settlement Overview:
- Who: Kimberly-Clark Corp, the maker of Cottonelle “flushable” wipes.
- What: Kimberly-Clark has made a deal with sewage system operators to end claims that its Cottonelle flushable wipes clogged sewers across the country.
- Where: The lawsuit is in South Carolina federal court, but the class action settlement will affect municipalities across the nation.
The company that makes Cottonelle ‘flushable’ wipes has made a deal with sewage system operators to make its products more flushable, after being accused of clogging up sewage systems nationwide.
In an order filed Monday, a South Carolina federal judge gave preliminary approval to the deal with Kimberly-Clark, in which the company has promised to improve the performance of its products and improve its labeling so people know what is truly flushable — and what is not.
Plaintiffs and Kimberly-Clark have agreed that Cottonelle wipes should meet the national flushability standard by May 2022.
The class action lawsuit was originally filed by the Commissioners for Public Works for the City of Charleston in January, on behalf of Classes of sewage and wastewater operators in municipalities nationwide.
Cottonelle Wipes, Others Clog Nation’s Sewer Systems, Say Water Operators
The wastewater operators said they were attempting to hold the so-called flushable wipes makers responsible for millions of dollars of damage to systems caused by their products.
While the settlement releases Kimberly-Clark from any further claims for injunctive relief, it does not relieve them from claims for damages or other monetary relief, US District Judge Mark Gergel said in the order.
This was decided after the City of Baltimore raised concerns that the settlement would prevent them from claiming damages from the company for sewer damage in their own cities.
The settlement does not include the other defendants in the case, Costco, CVS, Proctor & Gamble, Target, Walgreens and Wal-Mart.
Those defendants have hit back, saying the sewage operators’ arguments that harm to the systems are imminent due to the ‘flushable’ wipes is not convincing.
“Thus far in this action, the Non-Settling Defendants have vigorously disputed Plaintiff’s claims and have filed various motions seeking to dismiss this lawsuit,” Judge Gergel said.
“Plaintiff admits that if Kimberly-Clark had not reached a settlement with Plaintiff, Kimberly-Clark would likely have done the same.”
The plaintiffs say they just want the companies to stop advertising the wipes as flushable when they are not. They are suing for nuisance, trespass, defective design, failure to warn, and negligence.
The class action lawsuit claims the industry has been reluctant to change how it makes and advertises the product, leading consumers to believe that the wipes are safe to flush.
Indeed, consumers have been hitting wipe makers with class action lawsuits alleging false advertising, including a claim filed over TopCare flushable wipes earlier this year.
Have you had issues with flushable wipes clogging up your plumbing? We want to hear from you! Tell us about your experience in the comment section below.
The lead plaintiff, Commissioners of Public Works of the City of Charleston, is represented by F. Paul Calamita of Aqualaw PLC and Samuel H. Rudman, Mark S. Reich, Vincent M. Serra and Sarah E. Delaney of Robbins Geller Rudman & Dowd LLP.
The Flushable Wipes Class Action Lawsuit is Commissioners of Public Works of the City of Charleston v. Costco Wholesale Corporation et al., Case No. 2:21-cv-00042, in the U.S. District Court for the District of South Carolina, Charleston Division.
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76 thoughts onCottonelle Wipes Maker Inks Deal to End Clogged Sewer Claims in Nationwide Class Action
We had to have septic cleaned out at a cost of $800 because of these “flushable” wipes