https://www.jdsupra.com/legalnews/kimberly-clark-seeks-supreme-court-21871/
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in
Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss. As we noted in previous posts, the Ninth Circuit had resolved a circuit split and held that a previously deceived consumer may have standing to seek an injunction against false advertising or labeling if he or she sufficiently alleges intent to repurchase the product in the future. (
See https://classdismissed.mofo.com/consumer-products/ninth-circuit-finds-lower-court-erred-in-flushing-flushable-wipes-false-advertising-claims/;
https://classdismissed.mofo.com/consumer-products/update-ninth-circuit-softens-its-decision-in-flushable-wipes-case/.)
In Kimberly-Clark’s petition, the companies ask the Supreme Court to resolve the issue of whether a consumer, who after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly allege a “real and immediate threat” that she will be deceived by the same representation in the future so as to establish standing to seek an injunction.