A Canadian court has certified a class-action lawsuit against consumer goods company Kimberly-Clark for its recalled wipes, and eligible Canadians can submit a claim.
Vancouver-based law firm Slater Vecchio LLP announced in a release that the Supreme Court of B.C. has certified a class action against Kimberly-Clark Corporation, Kimberly-Clark Inc., and Kimberly-Clark Canada Inc. (Kimberly-Clark).
The lawsuit relates to Cottonelle Flushable Wipes or Cottonelle Gentle Plus Flushable Wipes, which were recalled across Canada.
In a February 21 email, a representative for the law firm explained that the announcement is a formal public notice.
“The class action was certified in Aug. 2023,” they stated. “The Class Proceedings Act, RSBC 1996, c 50 prescribes that, following the certification of an action as a class proceeding, formal notice of the certification must be provided to class members. That formal notice program began today.”
If the lawsuit settles in future, Canadians eligible in the class who have submitted a form to partake in the class action could potentially receive money.
The allegations
In October 2020, Health Canada announced a nationwide recall of the Cottonelle and Cottonelle GentlePlus Flushable Wipes due to the contamination risk of a common household microorganism called Pluralibacter gergoviae.
According to the agency, people with weakened immune systems, people who suffer from a serious pre-existing condition, or those who have been treated surgically could be at risk of infection if they use the contaminated product.
A court document dated Oct. 20, 2020 states that a woman from Surrey, B.C., used the affected wipes, which resulted in a skin infection of her gluteal muscles and inflammation of her cervix.
“She has and will continue to suffer serious personal injury as a result of the contaminated Wipes,” states the document.
An amended notice of civil claim dated Aug. 29, 2022 alleges that Kimberly-Clark sold wipes that were “not fit for purpose and are worthless.” The lawsuit accuses the company of breaching the Competition Act by marking the wipes as safe.
“Through their actions, the Defendants exposed the Plaintiff and Class Members to serious injury including skin infections, related bodily injury, psychological injury and other losses by permitting the contamination of the Wipes with a harmful bacterium,” reads the document.
“Through this suit, Canadians who used or bought the Wipes seek to hold the Defendants accountable and recover their losses.”
Kimberly-Clark has denied these allegations, which haven’t been proven.
Are you eligible?
Canadians eligible for a claim include those who suffered personal injury from using the affected products.
There are also two subclasses of people who are eligible for a claim: those who purchased the recalled lots for personal, family, or household purposes and those who purchased the recalled lots for other purposes other than personal, family or household. If you’d like to submit a claim, you must complete an online form.
However, if you do not want to be included in the class action, you must complete, sign, and submit the opt-out form by May 21, 2025.
The class-action lawsuit states that it’s seeking damages; however, the amount hasn’t been specified.
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