Kimberly-Clark Corporation Wins Motion to Dismiss in Flushable Wipes Situation

Kimberly-Clark Corporation Wins Motion to Dismiss in Flushable Wipes Situation

Judge Phyllis J. Hamilton from the Northern District of California lately granted Kimberly-Clark’s motion to dismiss a situation challenging the reliability from the defendant’s claims that it is wipes are flushable. Davidson v. Kimberly-Clark Corp. et al. Situation No. C 14-1783 PJH (N.D. Cal. 12 ,. 19, 2014). A legal court ignored the plaintiff’s claims according to failure to plead Article III standing, and failure to plead her claims with Rule 9(b) specificity. The important thing takeaway is the fact that plaintiffs must plead specific details regarding alleged injuries, instead of depend on general allegations regarding the expertise of organizations.

In Davidson, the complaintant challenged the “Flushable” label on four Kimberly-Clark Corp. products: Kleenex? Cottonelle? Fresh Care Flushable Wipes & Cleansing Cloths Scott Naturals? Flushable Moist Wipes Huggies? Pull-Ups? Flushable Moist Wipes and U by Kotex? Refresh flushable wipes. She alleged the “flushable” representation was false because flushing the wipes “created a considerable risk” that the consumer would clog or damage her household plumbing or municipal sewer systems. The complaintant introduced claims for injunctive relief, restitution, punitive damages, actual damages, and statutory damages underneath the Consumer Legal Remedies Act (CLRA), the False Advertising Act (FAL), and California’s Unfair Competition Law (UCL) with respect to herself along with other people of the suggested class. Kimberly-Clark Corp. filed a motion to dismiss, which Judge Hamilton granted.

Insufficient Article III Meaning Injunctive Relief

The plaintiff’s claim for injunctive relief was ignored for insufficient Article III standing. First, a legal court discovered that the complaintant unsuccessful to plead that they personally endured any injuries using the flushable wipes in her own toilet. Rather, she pointed to general allegations that some wipes have caused clogs or blockages in local wastewater systems, and also to a couple of consumer comments on Kimberly-Clark’s website. Second, a legal court discovered that the complaintant unsuccessful to plead there would be a chance of future or imminent harm because she alleged that they wouldn’t buy the defendant’s wipes later on. As a result, a legal court found her injunctive relief claim took it’s origin from a hypothetical injuries inadequate to fulfill Article III standing.

Rule 9(b): Complaintant Must Allege Details Showing Why the Claim Is Fake

The plaintiff’s remaining claims underneath the CLRA, FAL and UCL were ignored under Rule 9(b) for insufficient specificity. A legal court discovered that the complaintant hadn’t alleged details showing the products were actually falsely marketed as “flushable.” A legal court mentioned:

“It isn’t enough for [complaintant] to merely declare that [the “flushable” representation] is fake-they must allege details showing why it’s false.”

A legal court further discovered that the plaintiff’s citation to articles on the web discussing issues with clogs and blockages at wastewater treatment facilities, and comments by consumers published on Kimberly-Clark’s website, were inadequate to satisfy Rule 9(b) needs. The articles discussing the wastewater treatment issues recommended that other causes might have been accountable for the clogging, for example people flushing “non-flushable” materials lower the bathroom .. When it comes to comments by consumers around the defendant’s website, individuals were vague and missing at length, as well as made an appearance to involve harm to septic tanks, not municipal sewer systems.


Judge Hamilton’s order is really a victory for businesses protecting against false advertising claims, because it requires plaintiffs to plead specific details showing why a representation is fake, as opposed to just claiming that it’s false. Particularly, counting on general allegations, for example articles on the web about third-party encounters, isn’t sufficient.


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