Two Flushable Wipes Class Action Lawsuits Granted Certification

A New York federal judge has granted Class certification in two flushable wipes class action lawsuits.

In a decision he described as “knife-edge,” U.S. District Judge Jack B. Weinstein announced he would grant Class certification in two of the six lawsuits that have been pending before him.

Plaintiffs in these consumer class action lawsuits claim the “flushable” wipes at issue don’t break down readily enough to avoid plumbing damage.

Judge Weinstein’s certification will establish two Classes representing plaintiffs from New York State. Though the judge noted the decision to certify was tricky, he said he found a basis for certification in a New York law that would provide uniform statutory damages for each proposed Class Member.

The judge’s comments acknowledged a likelihood that defendants would appeal his decision and a possibility that it would be reversed on appeal by the Second Circuit.

In one of the lawsuits granted certification, plaintiff Joseph Kurtz alleged the flushable wipes from defendant Kimberly-Clark are simply not “flushable” as advertised.

Kurtz says he used to purchase the defendant’s flushable wipes under the Cottonellle and Kirkland Signature brands for use in his own home and his rental home. In February 2013, he says these flushable wipes clogged his plumbing and caused the nearby sewer system to back up.

Plumbers who repaired the damage said it had been caused by flushable wipes that clogged the system instead of breaking down like toilet paper, Kurtz claims.

In the other certified action, plaintiff Anthony Belfiore brought a challenge specifically over Charmin Freshmates, made by defendant Procter & Gamble. Belfiore says Freshmates fail to break down as advertised, leaving him with a $500 bill for plumbing repairs.

Plaintiffs in these and other actions generally allege that the makers of these flushable wipes falsely advertised them as being suitable for flushing, even though they knew the wipes could not break down fast enough to avoid plumbing damage.

Even purchasers who do not end up with plumbing damage are still harmed because they did not get what they paid for, the plaintiffs claim. They allege that consumers pay a premium for these products based on representations that they can be safely flushed. If those representations are false, consumers suffer an economic harm, they claim.

Of the four other flushable wipes class action lawsuits before Judge Weinstein, two are being transferred to other districts. The judge sent Palmer v. CVS Health to a district court in Maryland. In addition, Judge Weinstein ruled that Armstrong v. Costco Wholesale Corp., et al. will continue in plaintiff Desmond Armstrong’s home state of Oregon.

The last two flushable wipes class action lawsuits have been dismissed. Judge Weinstein dismissed the New York-based claims in Honigman v. Kimberly-Clark since they essentially duplicate those in Kurtz’s action. Plaintiffs in the sixth case, Richard v. Wal-Mart Stores, voluntarily dismissed their claims last Thursday.

The certified Flushable Wipes Class Action Lawsuits are Belfiore v. The Procter & Gamble Co., Case No. 2:14-cv-04090, and Kurtz v. Kimberly-Clark Corp., et al., Case No. 1:14-cv-01142, in the U.S. District Court for the Eastern District of New York.

UPDATE February 17, 2017: A class of California consumers have urged a federal court judge to certify their lawsuit against P&G over Freshmates wipes.

UPDATE 2: 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 3: April 2020, the New York Charmin Freshmates flushable wipes class action settlement is now open. Click here to file a claim.