July 22, 2021

Dave Ross and Lindsey Mann are Partners at Troutman Pepper. In this episode Dave and Lindsey discuss a preliminary class action lawsuit settlement between the Charleston Water System and wipes manufacturer Kimberly-Clark that could affect any entity that owned and/or operated wastewater conveyance and treatment systems since January 6, 2018. They discuss how the settlement, if approved by a court, would require Kimberly-Clark’s products to meet current flushability standards as published by the International Water Services Flushability Group, implement independent testing, and require educational content and label changes, as well as require the Charleston Water System to endorse these Kimberly-Clark products as flushable. Dave and Lindsey explain that the settlement would have no effect on claims by class members seeking money for harm caused by wipes but would release all claims for injunctive relief by any class member related to any wipe product of Kimberly-Clark.