Retailers Say Sewer System Can't Sue Over 'Flushable' Wipes

Law360 (April 13, 2021, 4:14 PM EDT) -- Target Corp., CVS Health Corp. and others say hypothetical claims of future harm are not enough to preserve a proposed class action by the Charleston, South Carolina, sewer system that aims to stop the sale of "flushable" wipes that cause clogs and don't actually break down.

The companies argued on Monday in multiple motions to dismiss that the harm the sewer system claims the wipes cause "runs thin" and that the complaint doesn't detail how that harm is imminent. The sewer system's assertion that two past clogs in 2018 and 2019 could be blamed on so-called flushable wipes isn't enough to...

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