This consumer class action litigation, Belfiore v. The Procter & Gamble Co., 14-cv-4090 (E.D.N.Y.), alleges that Procter & Gamble has been representing that its Charmin Freshmates flushable wipes are “flushable” and “safe for sewer and septic systems” when in fact they do not break down sufficiently and, as a result, cause serious problems for septic tanks and household plumbing. Judge Weinstein initially certified the class of New York consumers in 2017. After remand from the Second Circuit, Judge Weinstein held four days of hearings in 2019 where Wolf Popper presented expert testimony on using hedonic regression to calculate class wide damages. Judge Weinstein then confirmed his prior decision and certified the class once more, crediting plaintiff’s expert over three prominent defense experts who testified at the hearing. After defeating the motion to dismiss and repeatedly defeating defendant’s attacks on class certification, Wolf Popper negotiated a settlement with P&G where class members are eligible to receive up to $50.20 per household and P&G agreed to remove the representation that Freshmates are “safe for sewer and septic systems.” The court approved the settlement on July 23, 2020.
For further information about this case, please contact any of the following attorneys:
Lester L. Levy