Robbins Geller Rudman & Dowd LLP and AquaLaw PLC announced in December that proposed settlements have been reached in a class action suit with Costco Wholesale Corporation, CVS Health Corporation, The Procter & Gamble Company, Target Corporation, Walgreen Co. and Walmart Inc. regarding the manufacturing, design, marketing and/or sale of flushable wipes. Defendants deny the allegations about their flushable wipes and maintain that the products perform as advertised. There has been no finding of liability against any of the defendants; however, they have agreed to the settlements to avoid the uncertainties and expenses associated with continuing the case.

The Settlement Class includes owners or operators of a sewage or wastewater conveyance and treatment plant, such as a municipality, authority or wastewater district in the United States whose system was in operation between January 6, 2018 and November 21, 2023.

To settle the lawsuit, brought by the Charleston Water System, defendants have agreed to implement certain modifications to their business practices and have made certain representations and commitments with respect to their respective flushable wipes products.  These includes commiting that the  the flushable wipes they manufacture and/or sell do not contain plastic or polyester/polyolefin fibers andthat the wipes meed the current International Water Services Flushability Group specifications. The defendents also agreed to two years of confirmatory testing to ensure their respective flushable wipes comply with IWSFG 2020 as well as to labeling changes for non-flushable products. Costco, CVS, P&G, Target, and Walgreens agreed to meet the “Do Not Flush” labeling standards set forth in Chapter 590 of Assembly Bill No. 818 (“AB818”) of California State – considered the most stringent labeling law in the U.S. – nationwide to the extent their products are “Covered Products” as defined in AB818. Walmart has likewise agreed to implement consistent labeling nationwide for its non-flushable products, which will bring these products’ labeling in compliance with the aforementioned state law throughout the country. The Wipes Defendants also agreed to include “Do Not Flush” symbols or warnings on not only the principal display panel, but also at least two additional panels of packaging for its non-flushable baby wipes products.

The proposed settlements do not affect class members’ individual claims against wipe sellers and manufacturers – including the Wipes Defendants – for damages or other monetary relief due to wipes-related blockages.  However, if approved, the wipes defendants will implement certain modifications to their business practices with respect to flushable wipes, as well as labeling requirements for non-flushable wipes, and class members will release any and all claims for injunctive relief they may have against the Wipes Defendants arising from or relating to Plaintiff’s allegations. Class Members who own or operate wastewater treatment plants/systems should review the settlements in case they wish to submit comments about the settlements.

If you are part of the Settlement Class, you will automatically receive the benefits of the Settlements. You may also object to the Settlements and/or Class Counsel’s request for attorneys’ fees and expenses of up to $1,900,000. You may retain and pay for an individual attorney, but you do not need to because Class Counsel is working on your behalf.

For more information: www.charlestonwipessettlement.com.