Judah Rosenwald, et al. v. Kimberly-Clark Corporation

San Francisco, California, consumer law lawyers represented the Plaintiffs on class action theory.



Plaintiffs allege that they purchased Kleenex Germ Removal Wet Wipes. They sued Kimberly-Clark in August

2022, claiming that the wipes' labels misled them into believing that the wipes contained germicides, not just soaps, and would kill germs, not just wipe them away. The district court dismissed the First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(2) and (6). Specifically, it dismissed the non-California Plaintiffs' claims for lack of personal jurisdiction and dismissed the remaining claims because it was not plausible that the labels would deceive a reasonable

consumer. It did the same with the SAC, this time without leave to amend.



The panel held that plaintiffs' second amended complaint ("SAC”) did not allege Kimberly-Clark's

citizenship, and did not allege the amount in controversy. Agreeing with the Tenth Circuit and disagreeing with the

Fifth Circuit, the panel held that a district court may not establish diversity of citizenship purely by judicial notice. In addition, the SAC stated no dollar value for the amount in controversy, either in the jurisdictional allegations or

elsewhere. Standing alone, the SAC did not adequately allege subject matter jurisdiction.

Dismissed for lack of jurisdiction.



Vacated and reversed.