Summer Whiteside v. Kimberly Clark Corp.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUMMER WHITESIDE, individually No. 23-55581 and on behalf of all others similarly situated, D.C. No. 5:22-cv-01988- Plaintiff-Appellant, JGB-SP v.

KIMBERLY CLARK CORP., OPINION

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Argued and Submitted May 13, 2024 Pasadena, California

Filed July 17, 2024

Before: Ronald Lee Gilman, * Ronald M. Gould, and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Judge Gould

* The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY **

Product Labels

The panel affirmed in part and reversed in part the district court’s dismissal of a putative class action brought against Kimberly Clark Corp., alleging that the label of Defendant’s baby wipes was misleading in violation of California’s false advertising laws. Plaintiff claimed that the words “plant-based…