Kimberly-Clark has agreed to pay a $20 million settlement to end claims its flushable wipes actually damage and clog pipes with the settlement potentially benefiting consumers nationwide.
In a proposed settlement filed April 5 in a New York federal court, Kimberly-Clark agreed to the settlement to end two class actions lodged against it for similar complaints.
If approved, anyone in the U.S. who bought the allegedly damaging wipes between May 2011 and the date the settlement is approved could be able to claim to get funds back.
Under the agreement, settlement class members who submit claims without proof of purchase could get up to $7 while those with proof of purchase could get $1.10 per package up to $50.60.
“The total monetary relief available to each Settlement Class Member under the Settlement is greater than in any other flushable wipes-related settlement to date,” the settlement memo states.
The litigation stretches back more than eight years to when named plaintiff D. Joseph Kurtz filed a proposed class action suit in February 2014. Gladys Honigman filed a similar proposed class action in May 2015.
Kimberly-Clark and the consumers reached the agreement after “substantial discovery” and negotiations, the proposed settlement states.
The lawsuit comes after a judge last year granted preliminary approval in a Kimberly-Clark settlement over class action claims from the Charleston, SC water system that certain flushable wipes damaged the city’s sewer system.
Kimberly-Clark is the first to settle with Charleston, and last year a federal judged ruled that Costco, CVS, Walmart, Target and others can’t escape the class action lawsuit alleging they also made “flushable” wipes that allegedly caused major problems for the wastewater system of the city.
Other companies are also facing similar charges over their “flushable” wipes that consumers say aren’t actually flushable. TopCare is facing a class action lawsuit in New York alleging its flushable wipes lead to toilet clogs and sewer damage.
CVS is also is also facing a class action lawsuit in New York over its CVS Health Flushable Cleansing Wipes and CVS Health Maximum Strength Formula Medicated Wipes.
In response to the litigation, K-C remains committed to even further improving the performance” of its flushable wipes under the settlement. The company said that its Cottonelle wipes already “pass widely accepted flushability specifications and are tested with plumbers.
Meanwhile, INDA, Assocation of the Nonwoven Fabrics Industry, and other industry stakeholders, continue to promote testing and labeling requirements as well as education efforts to stop the improper flushing of baby wipes and other non-dispersible wipes. Already, several U.S. states have adopted clear labeling requirements on non-flushable wipes.
