WHITESIDE v. KIMBERLY CLARK CORP.

No. 23-55581.

108 F.4th 771 (2024)

Summer WHITESIDE, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. KIMBERLY CLARK CORP., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2024.


Attorney(s) appearing for the Case

Glenn A. Danas (argued), Ryan J. Clarkson, and Katelyn M. Leeviraphan, Clarkson Law Firm PC, Malibu, California; Zachary Crosner, Crosner Legal PC, Beverly Hills, California; for Plaintiff-Appellant.

Theodore J. Boutrous Jr. (argued), Timothy W. Loose, and Patrick J. Fuster, Gibson Dunn & Crutcher LLP, Los Angeles, California; Andrew M. Kasabian, Gibson Dunn & Crutcher LLP, Irvine, California; James A. Kelly, Gibson Dunn & Crutcher LLP, Denver, Colorado; for Defendant-Appellee.

Before: Ronald Lee Gilman, Ronald M. Gould, and Salvador Mendoza, Jr., Circuit Judges.


OPINION

Plaintiff Summer Whiteside brought a putative class action against Defendant Kimberly Clark Corp., alleging that the label of Defendant's baby wipes was misleading, in violation of California's false advertising laws. The district court granted Defendant's motion to dismiss pursuant to Federal Rule of Civil...

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