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.
Procter & Gamble, Kimberly-Clark and Costco will have to face three classes of consumers accusing them of mislabeling bathroom wipes that don't degrade quickly as "flushable" after a New York federal judge on Monday whittled down a pile of related cases and cut out the proposed nationwide class.
Calling it a "knife-edge" decision, a New York federal judge on Friday said he would certify two of six proposed class actions accusing Procter & Gamble, Kimberly-Clark, Costco and others of mislabeling as "flushable" bathroom wipes that do not degrade quickly enough.
Kimberly-Clark wants a New York federal judge to know the Federal Trade Commission is no longer looking into how the health care-product company advertises its Cottonelle flushable moist wipes, meaning its case can’t be lumped in with other flushable wipes false-advertising suits.
A New York federal judge who stayed six proposed class actions accusing Costco, CVS and others of misbranding pipe-clogging wipes as "flushable" while the U.S. Federal Trade Commission defines the term encouraged the parties on Tuesday to consider having their claims aggregated before the agency.
A New York federal judge said Tuesday that it's too soon to lift a stay on a proposed class action accusing Costco Wholesale Corp. and Kimberly-Clark Corp. of misbranding pipe-clogging sanitary wipes as "flushable," ruling that the U.S. Federal Trade Commission is still working to define that term.
A New York federal judge on Monday ordered a stay in six proposed false labeling class action accusing Procter & Gamble, Costco, CVS and others of selling "flushable" wipes that clog pipes, stating that the U.S. Federal Trade Commission is currently evaluating the meaning of the term.