STORY FROM: Drugs & Medical Devices

Fla. Federal Judge Rejects Plaintiffs’ ‘Price Premium’ Theory in Flushable Wipes Plumbing Damage Action

TAMPA — Plaintiffs in a “flushable” wipes class action cannot assert unfair sales practices claims under a “price premium” theory because the fact that they continue to use the products renders their theory “too speculative to constitute an injury-in-fact,” a Florida federal judge has ruled.

In a Feb. 22 order, Judge Elizabeth A. Kovachevich of the U.S. District Court for the Middle District of Florida explained that plaintiffs are not truly seeking damages under a “price premium” theory; rather they “appear to believe that they should pay less for the ‘flushable’ wipes because they are paying for, but not receiving, ...

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