Bowman v. Kimberly-Clark Corporation et al, S.C.B.C. No. VLC S-2010566
On August 28, 2023, the British Columbia Supreme Court certified a class action in the proceeding styled as Bowman v. Kimberly-Clark Corporation et al, S.C.B.C. No. VLC S-2010566 (the “Class Action”).
The Court appointed Linda Bowman as the representative plaintiff (the “Representative Plaintiff”). Class counsel is Slater Vecchio LLP.
The purpose of this notice is to provide Class Members with information about the Class Action, including how to opt out of the Class Action.
The Class Action relates to Cottonelle Flushable Wipes® or Cottonelle Gentle Plus Flushable Wipes® manufactured between February 7, 2020 and September 14, 2020 which were subject to a product recall issued by Kimberly-Clark (the “Recalled Lots”).
The lawsuit alleges that some of the Recalled Lots contained a bacterium known as pluralibacter gergoviae. The Representative Plaintiff alleges that she and other Class Members suffered personal injury as a result of using contaminated Recalled Lots, including infection; irritation, abrasion, and scarring to the skin; and psychological injury.
The Defendants deny the allegations, which have not been proven. The Court has not decided who is right.
If you claim to have suffered personal injury as a result of using the Recalled Lots, you are a Class Member and this proceeding will impact your legal rights if you do not opt out.
The Court has certified a class of:
all persons in Canada who used the Recalled Lots and who claim to have suffered personal injury as a result of using the Recalled Lots, as defined below (the “Class” and the “Class Members”);
Members of the Class may seek to also be included in either of two subclasses, namely:
a subclass of persons who purchased the Recalled Lots primarily for purposes other than personal, family or household (the “Purchaser Subclass” and the “Purchaser Subclass Members”); or
a subclass of persons who purchased the Recalled Lots primarily for personal, family or household purposes (the “Personal Use Purchaser Subclass” and the “Personal Use Purchaser Subclass Members”),
the Purchaser Subclass and the Personal User Purchaser Subclass are collectively the “Economic Subclass” and the “Economic Subclass Members.”
If you claim to have suffered personal injury as a result of using the Recalled Lots, you are automatically included in the Class. If you are a member of the Class, as defined above, then you do not need to do anything to be included in the Class Action.
If you are a Class Member, you will be bound by the result in the Class Action. Any judgement issued by the Court in the Class Action, whether favourable or not, will bind all Class Members who do not opt out of the proceeding. If you are a member of the Economic Subclass, and the Economic Subclass obtains recovery against the Defendants for economic losses then you may be entitled to share in the recovery. If you opt out of the Class Action, you do not have this right.
If the Class obtains a favourable result on issues related to personal injury claims, then Class Members who seek recovery for their personal injury claims must prove their claims through an individual arbitration process following a trial of the common issues in the Class Action. Class Members may be required to pay legal fees and/or arbitrator fees related to the arbitration process.
If the Class Action is not successful, no Class Member will be responsible for legal fees or costs. The Representative Plaintiff has entered into a contingency fee agreement with class counsel, pursuant to which Class counsel will receive a percentage of any judgment or settlement. Class counsel will be paid only if the action is successful. The court will determine the amount to be paid to class counsel for legal fees and disbursements.
If you do not want to participate in the Class Action, you may exclude yourself (“opt out”). To opt out, you must complete, sign and submit an opt-out form by no later than May 21, 2025. The opt-out form is available here. Details on how to submit the opt-out form can be found on the opt-out form.
If you or someone you know claims to have suffered personal injury from using Kimberly-Clark’s Cottonelle Flushable Wipes or Cottonelle Gentle Plus Flushable Wipes, please complete the form here.
If you wish to opt out of this proceeding, please complete and sign the opt-out form here.
If you wish to learn more about this proceeding, please visit the notice website, contact Class Counsel at cottonellewipes@slatervecchio.com, or call Class Counsel toll-free at 1.877.410.4602. Class Counsel’s website contains an information form to be completed if you wish Class Counsel to contact you to discuss your eligibility.
All inquiries should be directed to Class Counsel.
DISTRIBUTION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE BRITISH COLUMBIA SUPREME COURT
