B.C. court confirms national class action after flushable wipes recall

Health Canada has expanded a recall of Cottonelle Flushable Wipes sold in Canadian stores due to a potential bacterial contamination. (Health Canada)

B.C.'s Supreme Court has confirmed a national class action lawsuit against Kimberly-Clark Corporation following a 2020 recall of flushable wipes over possible bacteria contamination.

Slater Vecchio, a B.C. law firm, said it's representing Canadian claimants who may have suffered injury from Cottonelle flushable wipes purchased after Feb. 7, 2020. Products were recalled in October of that year by Kimberly-Clark due to the possibility of Pluralibacter gergoviae bacterium, which can cause infections, especially in those with weakened immune systems.

A 2023 B.C. Supreme Court ruling determined claims would be resolved through a class action. The class action was confirmed in a ruling on Jan. 19.

"This judgment clarifies that there is indeed a certified class action lawsuit for persons residing anywhere in Canada. It remains Slater Vecchio LLP's priority that persons who claim to have been harmed by these allegedly defective Cottonelle-branded products have access to justice," said Saro Turner, a partner at Slater Vecchio LLP, in a statement issued Thursday.

"Additionally, the Jan. 19 decision is important for class action law as it reinforces the finality of certification orders. When a court certifies a class action, only extraordinary and unanticipated changes in circumstances would merit reconsideration of such a decision."

None of the allegations in the lawsuit have been tested in court.

"Kimberly-Clark and our Cottonelle brand are deeply committed to the safety and quality of our products. We’re pleased that the court narrowed the scope of this matter," a spokesperson for the company said in an emailed statement sent to CTV News Vancouver.

"Cottonelle is proud to serve the millions of Canadians who use our products every day and we appreciate the trust they show in our brand."

Plaintiff alleges body pain, inflammation

Representative plaintiff Linda Bowman told the court last year she began purchasing Cottonelle flushable wipes in 2020 and bought a large box of them at Costco. She stated she used the wipes several times each day because of underlying health issues.

Bowman alleged she developed inflamed pubic hair follicles after using the wipes, adding her pre-existing back and body pain became worse.

"She also developed inflamed skin follicles in other areas where she uses the wipes including her mouth, nose, arms, breasts, and buttocks," Justice Sharon Matthews' 2023 ruling said. "She deposed that the inflammation is painful."

Infectious disease expert Dr. Abdu Sharkawy provided a deposition in 2023, explaining P. gergoviae exists in the gastrointestinal tract and "has the potential to cause serious infections, including life threatening infections in persons with compromised immune systems."

"He deposed that environments that are poorly sanitized are more likely to promote greater numbers of this type of organism, and if the hygienic standards are compromised in a manufacturing facility, the organism may be more frequently identified in the manufactured product," Matthews' decision reads.

"Dr. Sharkawy opined that products that contain P. gergoviae are not safe for use by humans. He deposed that even a small amount could cause serious infection in a given host and so it is difficult to determine what might constitute a negligible versus significant quantity of P. gergoviae in flushable wipes."

Expanded recall

Kimberly-Clark asserted its recall program was "overly broad out of caution," explaining the contamination was "intermittent on one of two production lines." Even so, the company told the court, all of the lots produced on that line were recalled, even if they weren't contaminated.

The company initially recalled its 10-pack Cottonelle flushable wipes sold at Costco between Feb. 14, 2020, and Oct. 8, 2020. But about two weeks later, Health Canada expanded that recall to include six different products.

Health Canada warned consumers to stop using the product immediately.

Through its 2020 recall, Kimberly-Clark issued 11,651 refunds to Canadian buyers totalling more than $214,000. The company also received 149 claims from Canadian consumers alleging personal injury after using the recalled products. As of the 2023 ruling, all but eight of those injury claims were resolved, according to Matthews' decision.