Davidson
Davidson v. Kimberly-Clark Corp.
Opinion
Lead Opinion
Hamilton, J.
ORDER GRANTING MOTION TO DISMISS
Defendants’ motion pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for an order dismissing the first amended complaint came on for hearing on November 12, 2014. Plaintiff appeared by her counsel Adam Gutride, and defendants appeared by then- counsel Amy Lally. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby GRANTS the motion as follows.
BACKGROUND
Plaintiff Jennifer Davidson alleges that defendants Kimberly-Clark Corporation, Kimberly-Clark Worldwide, Inc.; and Kimberly-Clark Global Sales LLC (“Kimberly-Clark” or “defendants”) falsely advertised that four cleansing cloths/“wipes” they manufacture and sell are “flushable.” First Amended Complaint (“FAC”) ¶¶ 17, 19-25, 31-38. The four products at issue are Kleenex® Cottonelle® Fresh Care Flushable Wipes & Cleansing Cloths, Scott Naturals® Flushable Moist Wipes, Hug-gies® Pull-Ups® Flushable Moist Wipes, and U by Kotex® Refresh flushable wipes. FAC ¶ 17.
Plaintiff asserts that “[Reasonable consumers understand the word ‘flushable’ to mean suitable for disposal down a toilet.” FAC ¶ 18. Plaintiff asserts…