Armstrong et al., v. Kimberly-Clark Corporation - Frequently Asked Questions

Frequently Asked Questions about Armstrong et al., v. Kimberly-Clark Corporation

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A federal Court authorized the Notice because you have a right to know about the proposed Class Action Settlement of this class action lawsuit, and about your options, before the Court decides whether to approve the Class Action Settlement. The Notice explains the lawsuit, the Class Action Settlement, your legal rights, what benefits are available, and how to get them.  

In October 2020, Kimberly-Clark Corporation, the manufacturer of toilet paper brand Cottonelle, initiated a recall of certain lots of Cottonelle Flushable Wipe products manufactured between February 7, 2020 and September 14, 2020 after detecting the bacterium Pluralibacter gergoviae during product testing. The Action seeks refunds for consumers in the United States and United States territories who purchased these products. 

The Honorable Judge Barbara Lynn of the United States District Court for the Northern District of Texas is overseeing this class action. The case is called Armstrong et al., v. Kimberly-Clark Corporation, Case No. 3:20-CV-3150 (N.D. Tex.). The people that filed this Action are called the “Plaintiffs” and the company they sued, Kimberly-Clark Corporation, is called the “Defendant.” The most recent version of the Action, which describes the specific legal claims alleged by the Plaintiffs is available here.

For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Class Action Settlement, see Question 5.

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Settlement Cass Representatives.” Together, the people included in the class action are called a “class” or “Settlement Class members.” One court resolves the lawsuit for all class members, except for those who opt out from a Settlement. In this Class Action Settlement, the Settlement Class Representatives are listed in the Complaint, which can be found here. 

The Court did not decide in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant agreed to a Class Action Settlement after a lengthy negotiation process overseen by a neutral mediator. Settlements avoid the costs and risks of a trial, while more quickly providing benefits to Settlement Class Members. The Settlement Class Representatives and the attorneys for the Settlement Class (“Class Counsel,” see Question 13), think the Class Action Settlement is in the best interest of all Settlement Class Members.

A copy of the Notice was sent via electronic and/or direct mail to all purchasers who may have purchased products whose mailing and/or electronic email addresses could be located. You are a part of this Class Action Settlement as a Settlement Class Member if you fit the following description: 

All persons in the United States and United States territories who purchased recalled lots of Cottonelle Flushable Wipes between February 7, 2020 and December 31, 2020, for personal use and not for resale, and any persons residing in the same household. 

If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing the Settlement Administrator at [email protected] or calling the Settlement Administrator at (833)-383-6864. You may also view the Settlement Agreement. 

Yes. The Settlement Class does not include: (1) the Court and its officers and employees; (2) Kimberly-Clark, its subsidiaries, parent companies, successors, predecessors, and any entity in which Kimberly-Clark or its parents have a controlling interest and their current or former officers, directors, and employees; (3) Settlement Class Members who submit a valid Request For Exclusion on or before the Opt-Out Deadline (see Question 16).

If the Class Action Settlement is approved by the Court, Defendant will pay a minimum of six million dollars ($6,000,000.00) and a maximum of thirteen million five hundred thousand dollars ($13,500,000.00) to pay valid Claims submitted by Settlement Class Members.  Four million dollars ($4,000,000.00) was already paid under a separate refund process administered by Kimberly-Clark.

Defendant will also pay notice and administration expenses, attorney fees, costs and expenses, and service awards for the Settlement Class Representatives. These payments will have no impact on the Settlement benefits available to the Settlement Class, but if valid Claims are less than $6,000,000, Defendant will receive a credit towards its other obligations under the Class Action Settlement, including Notice and Administrative Expenses, and Fee Award and Costs. 

The amount of payment will depend on whether you submit a Claim Form with proof of purchase, or without proof of purchase. You must submit a Claim Form to be eligible for payment.

If you submit a Claim Form with proof of purchase, you are eligible for reimbursement up to 100% of the amount for which you provide proof of purchase. 

If you submit a Claim Form without proof of purchase, you are eligible for reimbursement of up to five dollars ($5.00) per household. 

If the amount payable for valid new Claims submitted under the Settlement Agreement exceeds $13.5 million, payments for Settlement Class Members will be reduced pro rata so that the total of all payments for valid Claims does not exceed $13.5 million. $4 million was already paid under a separate refund process administered by Kimberly-Clark.

See Question 10 for details on how to submit a valid Claim Form. The Settlement Administrator will decide if your Claim is valid. Only timely and valid Claims will be paid. 

Unless you opt out of the Class Action Settlement, you are staying in the Settlement Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Class Acton Settlement resolves. It also means that the Court’s orders relating to this Class Action Settlement will apply to you and legally bind you. You will be bound by the “Released Claims” section in the Settlement Agreement, which describes the legal claims that you give up if you remain in the Settlement Class. “Released Claims” do not include personal injury claims related to the purchase or use of Cottonelle Flushable Wipes. To review the Settlement Agreement, click here.

You must submit a Claim Form to be eligible for payment. You may submit a Claim Form online or print out the Claim Form from and mail it to the Settlement Administrator at: Cottonelle Flushable Wipes Settlement Program, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. 

You may only submit one Claim Form per Household. “Household” means all individuals who resided at one physical address at any time between February 7, 2020 and the present. Thus, you must choose between submitting a Claim Form with proof of purchase or submitting a Claim Form without proof of purchase—you may not choose both.  

If you submit a Claim Form with proof of purchase, you are eligible for reimbursement up to 100% of the amount for which you provide proof of purchase. If you submit a Claim Form with proof of purchase, you may include multiple purchases in the Claim Form, so long as you provide proof for each purchase. 

If you submit a Claim Form without proof of purchase, you are eligible for reimbursement of up to five dollars ($5.00) per Household.

When you submit your Claim Form, you will be required to sign an attestation that you, or a person residing in your Household, purchased eligible recalled lots of Cottonelle Flushable Wipes. You are presumed to be a purchaser of recalled lot(s) if you: (1) received a notice from a retailer identifying you as a potential purchaser of recalled lots; (2) verified with Kimberly-Clark that you purchased recalled lot(s); or (3) learned of the recall and discarded Wipes with a good faith belief that you purchased recalled lot(s). You must also attest you have not already been reimbursed by Kimberly-Clark for the purchase of the same Cottonelle Flushable Wipes for which you are submitting a Claim.

If you were issued a refund card under Defendant’s Recall and Refund Program (announced in October 2020), and then activated that refund card, then you and your Household are not eligible for payment under the Class Action Settlement, unless you provide proof that you purchased eligible Cottonelle Flushable Wipes for which you did not receive compensation through the Recall and Refund Program. 

All Claim Forms must be completed, signed, and submitted online or postmarked on or before January 16, 2024. The Settlement Administrator will decide if your Claim is valid. Only timely and valid Claims will be paid. 

If you submit a Claim Form online, you must do so by 11:59 p.m. CT on January 16, 2024.

If you submit a Claim Form by U.S. mail, the completed and signed Claim Form must be postmarked by January 16, 2024.

Settlement Payments will be distributed as soon as possible if the Court grants final approval of the Class Action Settlement and after any appeals are resolved.

The Court will hold a hearing on March 6, 2024, referred to as a “Final Approval Hearing.” See Question 19. After the hearing, the Court will decide whether to approve the Class Action Settlement. If the Court approves the Class Acton Settlement, there may be appeals. It is always uncertain whether appeals will be filed and how long it will take to resolve them. 

Yes. The Court has appointed the following attorneys to represent the Settlement Class as Class Counsel:

J. Austin Moore

STUEVE SIEGEL HANSON LLP

460 Nichols Road, Suite 200

Kansas City, Missouri 64112

Joshua L. Hedrick

SPENCER FANE LLP

2200 Ross Ave., Suite 4800 West

Dallas, Texas 75201 

Michael R. Reese

REESE LLP

100 West 93rd Street, 16th Floor

New York, New York 10025

Jordan S. Palatiello

LEWIS JOHS AVALLONE AVILES, LLP

One Ca Plaza, Suite 225

Islandia, New York 11749

You will not be charged for their services. If you have any questions about making a claim, please contact the Settlement Administrator. See Question 22

You do not need to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel has undertaken this case on a contingency-fee basis. This means Class Counsel has paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. 

Class Counsel will ask the Court to award them three million six hundred fifty thousand dollars ($3,650,000.00) for attorneys’ fees and reimbursement for costs and expenses, to be paid separately by the Defendant. The Court will decide the amount of Fee Award and Costs to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s Fee Application (which must be approved by the Court) will be filed on or before December 5, 2023 and will be available to view here. Any amount approved by the Court will have no impact on the settlement benefits available to the Settlement Class.

Class Counsel will also ask the Court to approve a Service Award of two thousand five hundred dollars ($2,500.00) for each of the Settlement Class Representatives. This amount will have to be approved by the Court. Payments of Service Awards will count towards Kimberly-Clark’s obligation to pay a minimum of $6 million unless valid claims exceed $13.5 million.

If you do not want to receive any benefits from the Class Action Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Class Action Settlement is December 26, 2023. 

To exclude yourself from the Class Action Settlement, you must submit a Request for Exclusion to the Settlement Administrator. You must sign the letter personally. The signature of your attorney representing you in this matter will not be accepted by the Court. Each Settlement Class Member must sign his or her own Request For Exclusion. 

The letter must contain the following information: 

(1) The name of this lawsuit: Armstrong, et al., v. Kimberly-Clark Corp., No. 3:20-cv-3150-M (N.D. Tex.);
(2) Your full name and current address; 
(3) Your personal signature; 
(4) The words “Request for Exclusion,” or a statement clearly indicating your intent to be excluded from the Settlement, at the top of the letter.

Your letter must be postmarked no later than December 26, 2023. Send the letter to: 

Cottonelle Flushable Wipes Settlement Program
c/o Kroll Settlement Administration LLC
Attn: Request for Exclusion
PO Box 225391
New York, NY 10150-5391

If you do not submit a Request for Exclusion by December 26, 2023, you will lose the opportunity to exclude yourself from the Class Action Settlement, and you will be bound by the Class Action Settlement. 

If you exclude yourself, you are stating to the Court that you do not want to be part of the Class Action Settlement. You will not be eligible to receive a payment if you exclude yourself. 

If you are a Settlement Class Member, you can object to the Class Acton Settlement if you don’t like any part of it, including the requests being made by Class Counsel for attorney fees, costs and expenses or the service awards being sought for Class Representatives. You can give reasons why you think the Court should not approve the Clas Action Settlement or what you do not like about the Class Action Settlement. The Court will consider your views. 

You can’t ask the Court to order a different settlement; the Court can only approve or reject the Class Action Settlement. If the Court denies approval, no Settlement Payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object.

To object, you must submit a written objection to the Settlement Administrator, postmarked no later than December 26, 2023. 

Your objection must include: 

(i)     the name of this lawsuit: Armstrong, et al., v. Kimberly-Clark Corp., No. 3:20-cv-3150-M (N.D.  Tex.); 
(ii)     Your full name, current mailing address, and telephone number; 
(iii)     A statement of the specific grounds for the objection, as well as any documents supporting  the objection; 
(iv)     A statement as to whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire class;
(v)     The identity of any attorneys representing you with respect to your objection; 
(vi)     A statement regarding whether you intend to appear at the Final Approval Hearing; 
(vii)     You or your attorney’s signature.

The Court will hold the Final Approval Hearing on March 6, 2024, at 9:00 a.m., at the United States District Court for the Northern District of Texas, 1100 Commerce Street, Dallas, TX 75242. See Question 19. The date or time of the Final Approval Hearing may change. Please check this website for any updates, and to find out whether the Final Approval Hearing will be held in person or by video conference. 

If you do not file a timely objection consistent with these instructions, you waive the right to object or to be heard at the Final Approval Hearing, and will be forever barred from making any objection to the Class Action Settlement. 

Objecting is telling the Court that you do not like something about the Class Action Settlement. You can object to the Class Action Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Class Acton Settlement is opting out and stating to the Court that you do not want to be part of the Class Action Settlement. If you opt out of the Class Action Settlement, you cannot object to it because the Class Action Settlement no longer affects you.

The Court has scheduled a Final Approval Hearing at 9:00 a.m. on March 6, 2024 at the United States District Court for the Northern District of Texas, 1100 Commerce Street, Dallas, TX 75242.

At the Final Approval Hearing, the Court will consider whether the Class Action Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve Class Counsel’s Fee Application, as well as the Settlement Class Representatives’ Service Awards. If there are objections, the Court will consider them. Judge Lynn will listen to people who have asked to speak at the hearing (see Question 17 above). After the hearing, the Court will decide whether to approve the Class Acton Settlement.

The briefs and declarations in support of the Final Approval of the Class Action Settlement and the requests described above will be posted here. 

The date or time of the Final Approval Hearing may change. Please check this website, for any updates, and to find out whether the Final Approval Hearing will be held in person or by video conference. 

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.

If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Class Action Settlement. In addition, you will not receive a payment from this Class Action Settlement.

The Notice summarizes the proposed Class Acton Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. 

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

Cottonelle Flushable Wipes Settlement Program
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Call: (833)-383-6864


Publicly filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Northern District of Texas or reviewing the Court’s online docket.

Please do not contact the Court, its Clerks, or Kimberly-Clark.

This website is authorized by the Court, supervised by counsel to the Parties and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833)-383-6864
Email
[email protected]
Mail
Cottonelle Flushable Wipes Settlement Program, Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Opt-Out Deadline

    Tuesday, December 26, 2023 You must complete and mail your Request For Exclusion form so that it is postmarked no later than December 26, 2023.

  • Objection Deadline

    Tuesday, December 26, 2023 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than December 26, 2023.

  • Claims Deadline

    Tuesday, January 16, 2024 You must submit your Claim Form online no later than January 16, 2024, or mail your completed paper Claim Form so that it is postmarked no later than January 16, 2024.

  • Final Approval Hearing Date

    Wednesday, March 6, 2024 The Final Approval Hearing is scheduled for March 6, 2024. Please check this website for updates.

Important Documents

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