Katherine Webster  |  October 16, 2020

Category: Consumer News

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Class action lawsuit proposed over bacterial contamination in flushable wipes.

Two Cottonelle flushable wipes users have filed a class action lawsuit after Kimberly-Clark recalled some of the product due to possible bacterial contamination.

Plaintiffs Melissa Armstrong and Roland Nadeau filed their class action lawsuit in federal court Friday, just a week after Kimberly-Clark announced the flushable wipes recall.

They say they are seeking “recovery for the personal and economic harms caused by the recall of millions of contaminated, dangerous, and now-worthless flushable wipes … .”

Kimberly-Clark issued the flushable wipes recall over concerns that some packages could be contaminated with the bacteria Pluralibacter gergoviae.

The recalled wipes were sold in the U.S., Canada, and the Caribbean between Feb. 7, 2020, and Sept. 14, 2020.

Kimberly-Clark says it so far has only received a “low rate of non-serious complaints, such as irritation and minor infection” related to the affected flushable wipes.

Products such as the recalled flushable wipes became more popular early in the coronavirus pandemic as consumers stockpiled toilet paper and similar goods, leading to a supply shortage on store shelves.

In fact, the class action lawsuit calls the company one of the coronavirus pandemic’s “clear winners” because it has “enjoyed a dramatic, pandemic-driven boost in demand” for its sanitary products.

According to the plaintiffs, Kimberly-Clark lacked appropriate safeguards to detect or remedy the contamination of its Cottonelle Flushable Wipes and Cottonelle GentlePlus Flushable Wipes, and distributed them via major retailers to the plaintiffs and other putative Class Members.

A Cottonelle Flushable Wipes recall has been enacted due to possible bacterial contamination.“Unfathomably, Kimberly-Clark continued its mass, nationwide distribution of contaminated Wipes for another seven months — all the while failing to detect the bacterial contamination, warn the public, or otherwise taking any steps whatsoever to remediate the serious health risks to which it had exposed Plaintiffs, similarly situated consumers, and the public at large,” even though the company had warnings that something was wrong, the class action lawsuit alleges.

The plaintiffs say throughout the time the flushable wipes were being distributed and sold, consumers documented “irregularities” in the products, including dark brown spots on some wipes and “mildew-like odors.”

Consumers allegedly also reported experiencing “rashes, infections, and other serious health complications.”

The plaintiffs say these irregularities should have raised concerns and prompted an investigation by the company. However, it was allegedly only after an “overwhelming” number of consumer complaints about skin irritation, infections and other complications that Kimberly-Clark began product testing and investigation.

“The Recall has affected thousands of consumers who purchased the Wipes at retail locations, causing damages that include loss of value, anxiety, fright, unjust enrichment, fraud, violation of consumer protection and deceptive practices statutes…,” the class action lawsuit states.

The plaintiffs seek to certify two Classes: a nationwide Class of anyone who purchased the recalled flushable wipes between Feb. 7, 2020, and Sept. 14, 2020; and a California subclass for anyone who purchased the recalled wipes in California during the same period.

The plaintiffs are asking the Court to find Kimberly-Clark’s alleged conduct unlawful and stop the company from further unlawful conduct, and to award damages, pre- and post-judgment interest and reasonable attorneys’ fees, costs and expenses.

They also demand a jury trial.

Do you use Cottonelle flushable wipes? Have you stopped using them since the recall? Tell us about it in the comments below.

The plaintiffs are represented by Joshua L. Hedrick and Mark A. Fritsche of Hedrick Kring PLLC; and Patrick J. Stueve, J. Austin Moore, Abby McClellan, Crystal Cook Leftridge and Michael R. Owens of Stueve Siegel Hanson LLP.

The Cottonelle Flushable Wipes Class Action Lawsuit is Melissa Armstrong, et al. v. Kimberly-Clark Corp., Case No. 3:20-3150, in the U.S. District Court for the Northern District of Texas, Dallas Division.

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1,922 thoughts onCottonelle Class Action Lawsuit Filed Over Flushable Wipes Recall

  1. L. Brown says:

    I noticed mold/mildew odors in the Cottonelle flushable wipes after using them for a short period of time. I have the unused products and proof of purchase, at this time. I recently started having painful skin eruptions in the areas I use the wipes, [groin]. Too embarrassed to go to the doctors office, but really should. I am treating the affected areas with benzoyl peroxide, and homeopathic diet, vitamin B complex. I have suffered with pain and discomfort, shame, and lack of sleep. I asked Cottonelle for $1000.00 compensation today in an online letter. I discovered your website searching mold, mildew Cottonelle flushable wipes. Can you help me get compensation? Please contact via email with your response.

  2. Kelsey says:

    My anal area is beyond itchy. Only thing I use on my butt is these, my doc ordered me to stop. These all have a bad ingredient of some sort in them.

  3. Cassandra says:

    Please add me. I have been battling a gut infection for two years.

    1. Cassandra says:

      I still have the infected wipes in a plastic bag with the receipt of purchase and the email from the company whom I bought them from stating not to continue to use the wipes. I used these infected wipes for months and months and everything went down hill since.

  4. Olympia Santiago says:

    Add me I developed a rash in my private after using this product.

  5. Ida Farley says:

    I have suffered extreme reactions due to the use of these wipes which I had used for a long time before the contamination. I received my recall notice from Costco. This has changed my whole life.

  6. Deborah Neece says:

    I had extreme issues while using these contaminated wipes. After realizing I had the contaminated lot I returned to Sam’s Club. The issues I have far exceed a refund. I had excruciating pain at my anus with inflammation, anal abscess and anal itching. I continue to have explosive diarrhea for over a year. The fear of having a deadly disease have entered my mind. I finally have an appointment to see a gastroenterologist and will bring this to his attention to rule out still having the bacteria in my body. If there is compensation to be had for the pain and embarrassment I have experienced for this I want to be included.

  7. Nancy Spicer says:

    Please add me. I have been suffering tremendously long term from having used the contaminated Cottonelle wipes.

  8. Ida M Powell says:

    please add me and thank you i am one of those that bought these worthless wipes and found out the hard way so thank you

  9. MS LINDA Powell says:

    they said these darn wipes were flushable well surprise they were not and i found out the hard way they were a waste of money never agin will i purchase them and i even stocked up on them how crazy ma i for doing that thank you

  10. Lisa Kreher says:

    Please add me, I stocked up on cottonelle flushable wipes in Mar of 2020. Bought in store and online. I developed a terrible itchy rash in a bad place. Not only did they cause me to be uncomfortable I kept using them blaming it in my medicine. Before I figured it out, which took forever since I’ve used them long term, they jammed up my septic tank. I have changed brands and don’t flush anymore

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