Flushable Wipes Judge Plumbs Product's Precise Use

Law360, New York (October 8, 2019, 7:54 PM EDT) -- A Brooklyn federal judge quickly brushed aside questions about the qualifications of experts in flushable wipes class action litigation on Tuesday and frustrated counsel by instead fixating on how consumers use the product.

During two hours of oral arguments over a Second Circuit-mandated evidentiary hearing, U.S. District Judge Jack B. Weinstein nixed any motions to outright reject experts on either side of the suit and dove into the details of the experts' reports analyzing whether customers suffered economic harm by paying a premium for wipes labeled "flushable," taking particular interest in the most common use of such moistened wipes.

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