Anna Bradley-Smith  |  April 16, 2021

Category: Cleaning Products

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TopCare Wipes are not flushable, class action lawsuit claims.

Despite the name, TopCare flushable wipes are not actually flushable and instead lead to toilet clogs and sewage damage, a new class action lawsuit claims.

The class action was filed on April 15 in the Southern District of New York by lead Plaintiff Kimberley Bradley, who says she was duped into buying the wipes because of retail cooperative Topco’s deceptive marketing – and was left with a big plumbing bill to pay for it.

Bradley bought Tippy Toes Flushable Wipes for personal use for $2.59 in a Newburgh, New York, store in November 2020, according to the class action lawsuit.

She says that she used them as directed by the packaging, and expected them to flush down her toilet and disintegrate. However, the wipes did not disintegrate and instead left her with plumbing issues, including the clogging of her home plumbing, the claim alleges.

“Consumers understand that ‘flushable’ is commonly defined and understood to mean suitable for disposal by flushing down a toilet,” states the Topco class action.

“As a result, reasonable consumers expect that ‘flushable wipe’ products will disperse in a short amount of time after flushing and therefore will not clog or cause other operational problems in household sewage lines, septic systems, and other standard wastewater equipment.”

Flushable wipes, which serve as an alternative to toilet paper, accounted for $2.1 billion in sales in 2018, according to the claim, and the industry is growing at twice the rate of all other restroom wipe products.

However, the class action cites a significant amount of research into different flushable wipes products that unanimously find the products do not disintegrate like toilet paper – and most do not disintegrate at all.

By leading consumers to believe its products were flushable, Topco engaged in widespread false and deceptive advertising, according to the claim.

“The mislabeling of the TopCare Flushable Wipes renders the product completely worthless,” states the class action.

“There is no value to consumers for purportedly ‘flushable’ wipes that are not actually flushable.”

Nevertheless, TopCare Flushable Wipes are labeled and sold as an alternative to toilet paper and are sold at a significant price premium over non-flushable wipes and traditional toilet paper, the class action lawsuit alleges. “Thus, Plaintiff and Class Members have thus been hit with a costly double whammy: a premium purchase price for a worthless product.”

The National Association of Clean Water Agencies estimates that wipes result in about $441 million per year in additional operating costs in the collection systems of clean water utilities in the U.S., and that they impose over $30,000 in additional collection system operating costs on the average utility per year, the class action states.

Topco isn’t the first company to face legal action over the so-called flushable wipes. In November, CVS was hit with a class action lawsuit that contended the company’s flushable wipes were not actually able to be flushed down the toilet without plumbing problems.

Also last year, Procter & Gamble paid consumers checks of up to $4.20 in a class action settlement over Charmin Freshmates flushable wipes. Consumers in the class action claimed that the wipes were not flushable, however Procter & Gamble denied that and opted to settle the case.

Bradley seeks to represent a nationwide Class of TopCare consumers and a New York subclass. She is suing for violation of business law and breach of warranty, and is seeking certification of the Class, restitution, injunctive relief, damages, legal fees, and a jury trial.

Have you ever experienced any plumbing issues from flushable wipe products? Let us know in the comments section!

Bradley is represented by Frederick J. Klorczyk III, Neal J. Deckant, and Brittany S. Scott of Bursor & Fisher, P.A.

The TopCare Flushable Wipes Class Action Lawsuit is Bradley v. Topco Associates, LLC., Case No. 7:21-cv-03303, in the U.S. District Court for the Southern District New York.

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296 thoughts onTopCare Flushable Wipes Are Not In Fact Flushable, Class Action Lawsuit Alleges

  1. Courtney Perry says:

    add my name please

  2. Avery Perry says:

    add me

  3. Charlene Lojewski says:

    Please add my name. My toilet got plugged when I used them.

  4. Melissa Dickerson says:

    Please add me

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