Machlan

Machlan v. Procter & Gamble Co.

Good Law
77 F. Supp. 3d 954·2015 WL 106385·2015 U.S. Dist. LEXIS 1643
United States District Court, Northern District of CaliforniaJanuary 7, 2015Case No. 14-cv-01982-JDCalifornia4,925 words

Opinion

Lead Opinion

Donato, J.

*957 AMENDED ORDER RE DEFENDANTS’ MOTIONS TO DISMISS

Re: Dkt. Nos. 23,

In this consumer class action, named plaintiff David Machlan alleges that defendants Procter & Gamble Company (“P & G”) and Nehemiah Manufacturing Company (“Nehemiah”) deceptively marketed several lines of personal wipes as “flusha-ble” when in fact they were not. After jointly removing the action, P & G and Nehemiah moved to dismiss the complaint. The Court grants the motions in part and denies them in part.

BACKGROUND

Plaintiff alleges in his class action complaint that “[defendants deceptively market several lines of personal hygiene moistened wipes (‘wipes’) as ‘flushable.’ They charge a premium for these wipes, as compared to both toilet paper and to wipes that are not marketed as ‘flushable.’ ” Dkt. No. 1-1 ¶ 1. According to plaintiff, defendants do not tell consumers that the allegedly “flushable” wipes are “not suitable for disposal by flushing down a toilet as they routinely damage or clog pipes, septic systems, and sewage pumps; they do not disperse, disintegrate, or biodegrade like toilet paper; and they are not regarded by municipal sewage systems as appropriate to flush down a toilet.” Id.…

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