You have the right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If you own or operate a sewage or wastewater conveyance and treatment plant in the United States whose system was in operation between May 9, 2021 and May 31, 2024, you are part of the Settlement Class.
The court handling this case is the United States District Court for the District of South Carolina, Charleston Division (the “Court”), and the case is called Commissioners of Public Works of the City of Charleston (d.b.a. Charleston Water System) v. Dude Products Inc., Case No. 2:24-cv-02935. The case is assigned to the Honorable Richard M. Gergel.
The proposed Settlement will resolve all of the claims brought against Dude Products.
This lawsuit challenges the manufacturing design, marketing and/or sale of flushable wipes by Dude Products Inc. ("Dude Products").
Plaintiff alleges that the flushability-related claims made on the labeling and packaging of the wipe products sold by Dude Products are false, deceptive, or misleading. Dude Products deny any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated.
The complaint filed in this litigation, which describes the specific legal claims alleged by the Plaintiff, identifies Dude Products, and identifies the relief sought in litigation, is available under the “Important Documents” page of this website.
In a class action, one or more people called “Class Representatives” – in this case, Plaintiff Commissioners of Public Works of the City of Charleston, SC – sue on behalf of other people who have similar claims, all of whom are a “Class,” or “Settlement Class Members.” If the Court certifies (or approves) the Settlement Class, then one court can resolve the issues for everyone in the Settlement Class. The Plaintiff and Class Representative here will serve to represent not only its personal interests, but the interests of all the Settlement Class Members. Individual Class Members do not have to file a lawsuit to participate in the Class Action Settlement. Thus, in a class action, even persons who did not file their own lawsuit can obtain relief from harm that may have been caused by Dude Products.
The Court has not decided in favor of Plaintiff or Dude Products. All of the parties have agreed to the Settlement to avoid costs and risks of trial, and Dude Products has agreed to make changes to its policies to benefit Settlement Class Members.
If you own(ed) or operate(d) a sewage or wastewater conveyance and treatment system, such as a municipality, authority or wastewater district in the United States whose system was in operation between May 9, 2021 and May 31, 2024, you are part of the Settlement Class.
The Settlement provides injunctive relief to all Class Members; it provides no monetary damages. The Stipulation of Settlement, which describes the specific relief provided by the Settlement, is available under the “Important Documents” page of this website.
Dude Products has agreed to implement certain modifications to its business practices with respect to flushable wipes products sold and/or manufactured by Dude Products. Those modifications include meeting new product and testing criteria, testing implementation monitoring, and label changes to flushable and non-flushable wipes. More information on the benefits of the Settlement can be found in the Stipulation of Settlement, available on the “Important Documents” page of this website.
As a result of the Settlement:
· Dude Products commits that the flushable wipes it manufactures and/or sells do not contain plastic or polyester/polyolefin fibers.
· Dude Wipes commits that the wipes products it manufactures and/or sells will meet, or currently meet, the current International Water Services Flushability Group (“IWSFG”) Publicly Available Specifications (“PAS”) 3 (Disintegration Test) (hereinafter, “IWSFG 2020; PAS 3”) flushability specifications by November 10, 2025 (18 months following the date of the Settlement Agreement).
· Dude Products agreed to two years of confirmatory testing to ensure its flushable wipes comply with IWSFG 2020: PAS 3 flushability specifications by either hosting periodic independent testing or submitting their flushable wipes to a mutually acceptable lab for independent testing.
· Dude Products agreed to labeling changes for non-flushable products. Dude Products agreed to meet the “Do Not Flush” labeling standards set forth in Chapter 590 of Assembly Bill No. 818 (“AB818”) of California State - considered the most stringent labeling law in the United States - nationwide to the extent its products are “Covered Products” as defined in AB818. Dude Products also agreed to include “Do Not Flush” symbols or warnings on not only the principal display panel, but also at least two additional panels of packaging for its non-flushable baby wipes products.
As a Settlement Class Member, you cannot sue, continue to sue, or be part of any other lawsuit against Dude Products about the Plaintiff’s Released Claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If the Settlement is approved, you will give up certain claims against the Released Parties. All terms are defined below.
“Plaintiff’s Released Claims” means any and all claims of Plaintiff and the Settlement Class Members for injunctive relief that arise from or relate to the claims and allegations in the Complaint, including Unknown Claims, and the acts, facts, omissions, or circumstances that were or could have been alleged by Plaintiff in the Action, including but not limited to all claims for injunctive relief related to any wipe products (flushable and non-flushable) currently or formerly manufactured, marketed, or sold by Dude Products or any of its affiliates. For the avoidance of doubt, “Plaintiff’s Released Claims” do not include claims for damages or other monetary relief, including claims for monetary relief under the law of nuisance.
“Released Parties” means the parties receiving a release, including Plaintiff, Class Counsel, Dude Products, and their present, former, and future, direct and indirect, parents, subsidiaries, affiliates, assigns, divisions, predecessors, and successors, and all of their respective officers, agents, administrators, and employees, Dude Products’ Counsel, and all Settlement Class Members.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You can comment on or object to the Settlement and/or Class Counsel’s request for attorneys’ fees and expenses.
You can ask the Court to deny approval of the Settlement by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval of the Settlement, Dude Products will not be required to make modifications to its business practices or submit to confirmatory testing, and the litigation will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
All written objections must contain the following:
· the name and case number of this lawsuit (Commissioners of Public Works of the City of Charleston (d.b.a. Charleston Water System) v. Dude Products Inc., Case No. 2:24-cv-02935);
· your full name, mailing address, email address, and telephone number;
· an explanation of why you believe you are a Settlement Class Member, including documents sufficient to establish the basis for your standing as a Settlement Class Member;
· all reasons for your objection or comment, including all citations to legal authority and evidence supporting the objection;
· whether you intend to personally appear and/or testify at the Final Approval Hearing (either personally or through counsel), and what witnesses you will ask to speak;
· the name and contact information of any and all attorneys representing, advising, and/or assisting you, including any counsel who may be entitled to compensation for any reason related to your objection or comment, who must enter an appearance with the Court in accordance with the Local Rules;
· the name and case number of all class action settlements to which you have objected; and
· your handwritten or electronically imaged signature (an attorney’s signature or typed signature is not sufficient).
To be considered by the Court, your objection must be received by the Court either by mailing it to the Class Action Clerk, United States District Court for the District of South Carolina, Charleston Division, J. Waties Waring Judicial Center, 83 Meeting Street, Charleston, South Carolina 29401, or by filing it in person at any location of the United States District Court for the District of South Carolina.
To be considered, your objection must be received on or before September 6, 2024.
The Court decided that attorneys with the law firms of Robbins Geller Rudman & Dowd LLP (“Robbins Geller”) and AquaLaw PLC are qualified to represent you and all Settlement Class Members. These attorneys are called “Class Counsel”. More information about Robbins Geller and AquaLaw is available at www.rgrdlaw.com and www.aqualaw.com, respectively.
Class Counsel believe, after investigating and litigating this and related cases for several years, that the Stipulation is fair, reasonable, and in the best interests of the Settlement Class. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
You do not need to hire your own lawyer because Class Counsel is working on your behalf.
However, if you wish to object you may hire your own lawyer to assist you.
Class Counsel’s attorneys’ fees and expenses will be paid in an amount to be determined and awarded by the Court. The Defendant has also agreed to pay reasonable attorneys’ fees and expenses.
Class Counsel will ask the Court to approve attorneys’ fees and expenses from the Defendant of no more than $275,000. The final amount of attorneys’ fees and expenses will be determined by the Court.
Class Counsel’s application for an award of attorneys’ fees and expenses will be made available on the “Important Documents” page of the Settlement Website at www.CharlestonWipesSettlement.com on the date it is filed or as quickly thereafter as possible.
At the Final Approval Hearing, the Court will consider whether the Settlement with Dude Products is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who appear at the hearing and who have provided notice of their intent to appear at the hearing. The Court may also consider Class Counsel’s application for attorneys’ fees and expenses.
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you submit a written objection, you do not have to come to the Court to talk about it. As long as you submit your written objection on time, and follow the requirements above, the Court will consider it. You may also pay your own attorney to attend, but it is not required.
Yes. You may ask the Court for permission to speak at the Final Approval Hearing. At the hearing, the Court, in its discretion, will hear any objections and arguments concerning the fairness of the Settlement and/or Class Counsel’s request for attorneys’ fees and expenses.
To do so, you must include in your objection or comment in a statement saying that it is your Notice of Intent to Appear in Commissioners of Public Works of the City of Charleston (d.b.a. Charleston Water System) v. Dude Products Inc., Case No. 2:24-cv-02935 (D.S.C.). It must include your name, address, email, telephone number, and signature as well as the name and address of your lawyer, if one is appearing for you. Your submission and Notice of Intent to Appear must be filed with the Court and be received no later than September 6, 2024.
If you do nothing, then you will automatically receive benefits under the Settlement in the form of Dude Products’ business modifications related to the manufacturing, design, marketing and/or sale of flushable and non-flushable wipes, and confirmatory testing.
If the Court grants final approval of the proposed Settlement, all Settlement Class Members will release and forever discharge any and all claims that have been, might have been, are now, or could have been brought arising out of or relating to the facts alleged in the complaints filed in this Action, including the labeling, marketing, advertising, promotion, or distribution of the Class Products at any time during the Class Period.
This Notice summarizes the proposed Settlement. For the full terms and conditions of the Settlement, please see the Stipulation of Settlement and Order and Opinion preliminarily approving the Settlement available on the “Important Documents” page of this website, by contacting Class Counsel (Paul Calamita (804-716-9021, ext. 201; or Vince Serra ((631) 367-7100)), by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.scd.uscourts.gov/cgi-bin/login.pl, or by visiting the office of the Clerk of Court for the United States District Court for the District of South Carolina, Charleston Division, J. Waties Waring Judicial Center, 83 Meeting Street, Charleston, South Carolina 29401, between 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays.
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