Revived Flushable Wipes Suit Ruling Won’t Get Another Look

Kimberly-Clark Corp. lost a bid to have the full U.S. Court of Appeals for the Ninth Circuit reconsider a decision that revived a proposed class suit over the marketing of “flushable” wipes.

Jennifer Davidson alleged Kimberly-Clark’s “flushable” Cottonelle, Scott, Huggies and Kotex branded wipes don’t break up after flushing.

She sought an order directing label changes, as well as money damages for the price premium consumers allegedly paid for wipes labeled as flushable.

California consumer protection law allows plaintiffs to push for label changes even with their later-acquired knowledge of the alleged deception, the Ninth Circuit panel saidin October 2017. ...