AquaLaw

AquaLaw and Robbins Geller have been named class counsel for all 17,000+ POTWs in the country in a wipes-related settlement that received preliminary approval in federal district court last month.  The final approval hearing will take place on January 24, 2022 in Charleston, South Carolina.

This is the first significant settlement in more than a decade of wipe-related litigation against manufacturers over their claims that their wipes are flushable and/or safe for sewer systems.  The settlement will result in critical injunctive relief in terms of (1) requiring that Kimberly-Clark’s “flushable” products meet the national municipal wastewater standard for flushability and (2) that Kimberly-Clark’s non-flushable wipes are more prominently labeled as not being flushable – including on the front package of each wipe dispenser.

We believe that the combination of requiring a better performing flushable wipe along with better labeling of non-flushable wipes will result in a significant reduction in wipe-related impacts to sewer systems nationwide.  Kimberly-Clark is the largest manufacturer of wipes in the United States.

This settlement does not in any way affect any claims POTWs around the country may have for damages against Kimberly-Clark for wipes-related impacts to their systems.

The settlement was approved over the objection of the remaining defendants’ (Costco, Walmart, CVS, Walgreens, Proctor & Gamble and Target).  We hope that the remaining defendants will follow Kimberly-Clark’s leadership and stewardship by agreeing to identical settlements.

Additional information about the settlement can be viewed at:  www.CharlestonWipesSettlement.com.  Questions may be directed to either Amanda Waters (Amanda@AquaLaw.com) or Paul Calamita (Paul@AquaLaw.com).