Kandoo ® Flushable Wipes Class Action Settlement (California Only)
“All Persons and Businesses who, on or after March 21, 2010 through December 9, 2016, purchased, in California, other than for purpose of resale, any pre-moistened wipes bearing the word “flushable” and the brand name “Kandoo®” on the package label.” (This definition includes flushable wipes that bear two or more brand names on the package label, as long as at least one of the brand names is “Kandoo®.”)
Up to $50
Those without a receipt can only claim up to $10
Proof of Purchase
Machlan v. Procter & Gamble Company; Nehemiah Manufacturing Co. et al.,Case No. CGC 14-538168.San Francisco Superior Court
Plaintiff’s complaint contends that by marketing the Products as “flushable” and as “sewer and septic safe,” Defendants caused people to purchase the wipes who would not otherwise have done so. It also contends that the Products were sold at a higher price than they would have been sold without the misstatements. The complaint seeks to recover, on behalf of a class of all purchasers other than re-sellers, the dollar volume of extra sales, and the dollar amount of the “premium” price, that is attributable to the alleged misrepresentations.
As a result of the lawsuit, Nehemiah has made changes to the material used in manufacturing the Products and the labeling of the Product packaging and has agreed to continue those changes. In particular, Nehemiah in 2015 introduced a new version of the Product and has agreed not to sell the prior version. It also has begun to remove the words “sewer and septic safe” from the labels of the Products, and to add a warning: “Flush only 1-2 wipes at a time. Use only in well-maintained toilets, drain lines, sewer lines and septic systems.” These changes will be incorporated in a court injunction. Additionally the defendant has agreed to refund $1 per package purchased representing the premium charged in association to the false claims.