A San Francisco judge has given preliminary approval to a settlement of a class action lawsuit involving the Kandoo brand of flushable wipes. The settlement potentially affects people who purchased the wipes in California between March 21, 2010 and December 9, 2016.

The lawsuit, filed in 2014, by the San Francisco law firm Gutride Safier LLP, claims that the wipes should not have been labeled as “flushable” or as “sewer and septic safe.” It alleges that the wipes do not dissolve quickly enough, so they are not suitable for flushing, as they can clog toilets, drainlines, sewer pipes, and sewage treatment facilities.  It claims that because of the mislabeling, purchasers paid too much for the wipes.

Nehemiah Manufacturing Company of Cincinnati, OH, the manufacturer of the Kandoo wipes, denies these claims and contends that the products were truthfully marketed and labeled. The parties agreed to settle the lawsuit to avoid the further costs and uncertainties of litigation. At the time of settlement the court had not yet determined whether to certify a class of purchasers.

Under the settlement, purchasers can make claims for refunds of $1 per package purchased, up to $50 per household or business. No proof of purchase is required to obtain the refund for purchases of up to 10 packages. To obtain a refund for more than 10 packages (more than $10 per household or business), proof or purchase must be submitted. Claims are due by March 1, 2017.

Nehemiah also has agreed to change the material used to manufacture the wipes and language on the package label. 

The settlement includes a release of various claims by class members. Class members have the right to exclude themselves from the settlement release, or to object to the settlement. The Court will hold a hearing at 9:30 a.m. on March 29, 2017 in Department 305, San Francisco Superior Court, 400 McAllister Street, San Francisco, CA 94102, to consider whether to grant final approval to the settlement.