Costco, CVS, Walmart, Target Can’t Escape Lawsuit Alleging Flushable Wipes ‘Wreak Havoc’ on Wastewater Systems

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Charleston Flushable Wipes Class Action Lawsuit Overview:

• Who: Charleston Water System is suing Procter & Gamble, Walgreens, Walmart, Costco, CVS, Walmart and Target.
• Why: The companies are accused of designing and marketing wipes as “flushable” when they are not.
• Where: The lawsuit was filed in South Carolina federal court.

Costco, CVS, Walmart, Target and others can’t escape a class action lawsuit alleging they made “flushable” wipes that allegedly caused major problems for the wastewater system of the City of Charleston, a federal judge has ruled.

On Dec 2., U.S. District Judge Richard Mark Gergel filed an order and opinion refusing to throw out the lawsuit against Procter & Gamble, Walgreens, Walmart, Costco, CVS, Walmart, Target, saying his court does have jurisdiction to hear the case.

“The court finds the subject matter of this lawsuit — whether defendants’ allegedly ‘flushable’ wipes are in fact flushable or otherwise properly labeled — falls within the court’s expertise,” he wrote.

City of Charleston wastewater operators are attempting to hold so-called flushable wipes makers responsible for millions of dollars of damage to systems caused by their products.

The city has already settled with Kimberly-Clark, manufacturer of Cottonelle, Scott Naturals and Pull-Ups brands, who agreed to change how it makes and advertises its flushable wipes. 

Charleston Wastewater System Says The Wipes Have Caused Millions of Dollars in Damage to The City

Charleston Wastewater System claims that major retailers, such as Costco, CVS and Walmart, falsely advertise the wipes as flushable to consumers who send the products down their toilets, resulting in massive clogs both in private homes and in municipal systems.  

The result is millions of dollars of damage to municipal wastewater systems clogged up with wipes, claims Charleston Wastewater, which seeks to represent other municipal water systems nationwide in the fight against falsely advertised flushable wipes.

Charleston Wastewater says in its class action lawsuit that it conducted tests on most of the wipes advertised as “flushable” on the market and found that only one, Cottonelle, actually broke down to some degree. 

The class action lawsuit claims the industry has been reluctant to change how it makes and advertises the product, leading consumers to believe that the wipes are safe to flush. 

Indeed, consumers have been hitting wipe makers with class action lawsuits alleging false advertising for years with a claim filed over TopCare flushable wipes earlier this month.  

The flushable wipe market reaped a reported $2.1 billion in sales in 2018 and continues to grow; however, Charleston Wastewater and others claim that the wipes do not meet flushability standards and do not disintegrate at all, leaving consumers and municipalities to pay the plumbing costs.  

In October, a federal judge granted preliminary approval in the Kimberley-Clark settlement. 

Have you had issues with flushable wipes clogging up your plumbing? We want to hear from you! Tell us about your experience in the comment section below.  

The lead plaintiff, Commissioners of Public Works of the City of Charleston, is represented by F. Paul Calamita of Aqualaw PLC and Samuel H. Rudman, Mark S. Reich, Vincent M. Serra and Sarah E. Delaney of Robbins Geller Rudman & Dowd LLP.  

The Charleston Flushable Wipes Class Action Lawsuit is Commissioners of Public Works of the City of Charleston v. Costco Wholesale Corporation et al., Case No. 2:21-cv-00042, in the U.S. District Court for the District of South Carolina, Charleston Division. 

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