March 27, 2017

Judge Certifies Class in Procter & Gamble Flushable Wipes Case

Wolf Popper has successfully moved to certify a class action against Procter & Gamble for mislabeling Charmin Freshmates wipes as “flushable” and “safe for sewers and septic systems.”  On March 27, 2017, a federal judge in the Eastern District of New York granted Wolf Popper’s motion to certify classes made up of all purchasers of Charmin Freshmates in the State of New York between May 3, 2011 and March 1, 2017.  In the 135-page opinion, the Honorable Judge Jack B. Weinstein found that all elements of class certification pursuant to Federal Rules of Civil Procedure Rule 23(a), (b)(2), and (b)(3) had been met, and certified a damages class entitling Wolf Popper to pursue statutory damages of up to $50 per transaction, and an injunctive class allowing Wolf Popper to seek the removal of the “flushable” and “safe for sewers and septic systems” misrepresentations from Charmin Freshmates’ label.  In his opinion, Judge Weinstein noted that Wolf Popper has “handled the case with great skill and full attention.”