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A recent CVS class action lawsuit contends the company’s flushable wipes are not actually able to be flushed down the toilet without plumbing problems.
CVS reportedly sells multiple “flushable” wipe products including their CVS Health Flushable Cleansing Wipes and CVS Health Maximum Strength Formula Medicated Wipes. These products are reportedly marketed as safe to flush, safe for plumbing, safe for sewer systems or biodegradable.
Under Federal Trade Commission (FTC) guidelines, products can only be marketed as flushable if they are able to disintegrate in a short amount of time after consumers flush them in order to “avoid clogging, or other operational problems in, household and municipal sewage lines, septic systems, and other standard wastewater equipment,” according to the class action lawsuit.
Although CVS markets its wipes as flushable, plaintiff Scott Cholewa says the wipes cannot be classified as such based on the real experiences of himself and other consumers. In some cases, CVS’ wipes reportedly caused costly plumbing problems that resulted in damage to consumer homes.
“Plaintiff and members of the Class experienced plumbing and sewer problems after flushing Flushable Wipes down home toilets,” the CVS flushable wipes class action lawsuit alleges. “Because of these issues, Plaintiff and members of the Class could not flush Flushable Wipes down toilets as directed by their packaging without suffering harm to their property.”
Cholewa says he purchased CVS flushable wipes beginning in 2012, assuming the products could be flushed down the toilet due to the product’s advertisement. Unfortunately, this was not true in his experience.
Based on CVS’ advertisements, Cholewa reportedly flushed the wipes down the toilet after use.
However, in March 2020, Cholewa allegedly experienced plumbing issue from the clogging of his home’s pipes.
The clog was reportedly so severe that Cholewa was forced to enlist the help of professional plumbers to remove the clog. After removing the clog, the plumbers reportedly confirmed the CVS flushable wipes were to blame.
Cholewa maintains he has suffered financial damages as a result of CVS’ misrepresentations. In addition to paying for professional plumbing services, the plaintiff was allegedly forced to repair flooring in his home that was damaged from the flooding caused by the plumbing clog.
The CVS flushable wipes class action lawsuit contends Cholewa and other consumers were financially injured by overpaying for the wipes. If they had been aware the wipes were not flushable, they allegedly would have not chosen to purchase the products or would have only been willing to pay a lesser price.
Cholewa notes CVS also sells non-flushable wipes, which are sold at a lower price per wipe. Whereas CVS flushable wipes are sold at a premium price of $0.71 per wipe, the company’s non-flushable wipes are reportedly sold for only $0.04 or $0.05 per wipe. The plaintiffs contends this premium price is a direct result of CVS’ fraudulent advertising of its products.
“Plaintiff and members of the Class would not have purchased the Flushable Wipes and/or paid the purchase price for the Flushable Wipes absent Defendants’ false and misleading misrepresentations that Flushable Wipes are suitable to be flushed,” the CVS flushable wipes class action lawsuit contends.
The CVS flushable wipes class action lawsuit includes claims of negligent misrepresentation, breach of warranty and violations of New York consumer protection laws.
Cholewa brings these claims on behalf of a Class of individuals who have purchased CVS flushable wipes since 2012. He also seeks to represent a Class of the same consumers from New York.
On behalf of himself and the proposed Classes, Cholewa seeks statutory damages, compensatory damages, punitive damages, restitution, disgorgement, court costs and attorneys’ fees. Cholewa also asks the court for injunctive relief requiring CVS to correct the advertising on its flushable wipes.
This is not the first time manufacturers have faced legal action over the flushability of their wet wipes.
Procter & Gamble faced several class action lawsuits over its Charmin Freshmates “flushable” wipes. Like Cholewa, plaintiffs in these cases claimed that Freshmates were not actually flushable and could cause damage to plumbing and septic systems. These claims were eventually resolved in a class action settlement providing payments of up to $50.
Did you purchase flushable wipes that clogged your toilet? Share your experiences in the comment section below.
Cholewa and the proposed Class are represented by March S. Reich, Samuel H. Rudman and Vincent M. Serra of Robbins Geller Rudman & Dowd LLP.
The CVS Flushable Wipes Class Action Lawsuit is Scott Cholewa, et al. v. CVS Health Corp., et al., Case No. 1:20-cv-05483, in the U.S. District Court for the Eastern District of New York.
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390 thoughts onCVS Flushable Wipes Not Safe to Flush, Class Action Lawsuit Claims
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I have clogged a toilet and I use wipes frequently. I thought they were safe to flush and would disintegrate like some toilet papers. I am not at all happy with false claim as it caused upset, a toilet clog, and a lot of unnecessary poking and plunging.
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