Appeals court revives lawsuit over wipes labeled ‘flushable’
SAN FRANCISCO (AP) — A federal appeals court has revived a lawsuit that accuses Kimberly-Clark of falsely advertising that four of its cleansing wipes were flushable.
A three-judge panel of the 9th U.S. Circuit Court of Appeals said Friday the lawsuit provided adequate support for the allegation that Kimberly-Clark’s wipes were not safe to dispose in the toilet.
The court also said the lawsuit by consumer Jennifer Davidson did not have to allege the wipes damaged her plumbing.
The ruling overturned a lower court decision dismissing Davidson’s suit.
Kimberly-Clark said it does not comment on pending litigation.
Davidson sought to recover the extra money she paid for wipes labeled “flushable” and block the company from advertising them as such. The lawsuit seeks class action status on behalf of other consumers who purchased the wipes.