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Westlaw News

9th Circuit reinstates flushable wipes lawsuit

A federal appeals court on Friday reinstated a proposed class action alleging Kimberly-Clark Corp falsely marketed its pre-moistened toilet wipes as “flushable,” finding the plaintiffs’ claims of economic harm sufficient.

“A consumer’s inability to rely in the future upon a representation made on a package ... is an ongoing injury that may justify an order barring the false advertising,” the three-judge panel of the U.S. Court of Appeals for the 9th Circuit wrote in its decision.

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