Stop & Shop class action claims Always My Baby cleansing wipes not flushable as advertised

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Stop & Shop class action lawsuit overview:

• Who: Plaintiff Mark Schotte has filed a class action lawsuit against The Stop & Shop Supermarket LLC.
• Why: Stop & Shop allegedly sells Always My Baby baby wipes that are not actually flushable as advertised and can cause clogs.
• Where: The Stop & Stop class action lawsuit was filed in Massachusetts federal court.

The Stop & Shop Supermarket LLC markets its Always My Baby cleansing wipes as flushable even though they do not break apart after flushing, potentially resulting in clogs or other sewage damage, a class action lawsuit alleges.

Plaintiff Mark Schotte says he purchased Always My Baby wipes after reviewing the product label and seeing the front panel describe the wipes as “flushable.” He says he relied on the “flushable” representation and chose to purchase the Always My Baby wipes instead of comparable products.

The Stop & Shop class action lawsuit notes the Always My Baby wipes prominently represent that the product is “flushable” on the front label. However, the packaging reportedly discloses in small print that the wipes may not be safe to flush in all situations, warning that flushing the wipes may lead to clogs, property damage or regulatory violations.

“But no reasonable consumer would even notice the disclaimer, which is located on the underside of the packaging, in small print, and is hidden by a tab that must be folded up to even view it,” the Stop & Shop class action lawsuit states.

Independent testing confirms baby wipes not actually safe to flush, Stop & Shop class action says

Unlike toilet paper, which disintegrates into small pieces when flushed, flushable baby wipes do not disintegrate completely and can cause clogs and other sewage line problems, the plaintiff’s class action explains.

“Numerous independent tests demonstrate and confirm that wipes labeled and sold as being ‘flushable’ will not break down or dissolve in any sewer system,” according to the Stop & Shop class action lawsuit.

Had he known the “flushable” claims were untrue, Schotte says he would not have purchased the Always My Baby flushable baby wipes on the same terms.

The Stop & Shop class action lawsuit asserts claims for violations of the Massachusetts Unfair and Deceptive Business Practices Act, breach of express warranty, breach of implied warranty, unjust enrichment and fraud.

Last year, Kimberly-Clark agreed to pay $20 million to settle a class action lawsuit alleging their flushable wipes damage or clog pipes and septic systems.

What do you think of the allegations that Always My Baby flushable baby wipes are falsely advertised? Join the discussion in the comments.

Schotte is represented by James J. Reardon Jr. of Reardon Scanlon LLP and Frederick J. Klorczyk III and Matthew A. Girardi of Bursor & Fisher PA.

The Stop & Shop flushable baby wipes class action lawsuit is Mark Schotte, et al. v. The Stop & Shop Supermarket Co. LLC, Case No. 1:23-cv-10897, in the U.S. District Court for the District of Massachusetts.

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