WaterWipes class action claims products falsely advertised as 100% biodegradable

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WaterWipes biodegradable class action lawsuit overview:

• Who: Plaintiff Christina Vences filed a class action lawsuit against WaterWipes (USA) Inc.
• Why: WaterWipes allegedly dupes consumers into believing its wipes are 100% biodegradable.
• Where: The WaterWipes class action lawsuit was filed in Illinois federal court.

WaterWipes (USA) Inc. falsely markets its products as “100% Biodegradable Wipes” even though they will not decompose within a reasonable time period after being discarded, a class action lawsuit alleges.

Plaintiff Christina Vences says consumers typically throw the non-flushable WaterWipes products in the trash after use. The discarded wipes subsequently end up in landfills or incinerators, which allegedly do not provide the conditions required for the wipes to decompose completely, according to the WaterWipes lawsuit. 

The class action notes that Americans are increasingly concerned with the proliferation of waste and actively seek products that are biodegradable to divert waste from landfills and the ocean.

WaterWipes “capitalized on consumers’ desire for purportedly ‘biodegradable’ products,” the WaterWipes class action lawsuit alleges.

“Indeed, consumers are willing to pay and have paid a premium for such products,” the lawsuit states.

Plaintiff says she would not have purchased products if not for misleading WaterWipes biodegradable claims

Vences says she purchased WaterWipes biodegradable products on numerous occasions after reviewing the labels and disclosures about the wipes. Based on the company’s representations about the products, she believed that the wipes were 100% biodegradable, the lawsuit states.

Vences points to language on the back of the product that touted the wipes as “Made from 100% plant fibres, biodegrades in 4 weeks.” What WaterWipes allegedly fails to mention is that the wipes may not completely break down if they are disposed of in the trash, the class action claims.

Had she known the WaterWipes biodegradable claims were false and misleading, she would not have purchased the products, the class action says.

The plaintiff claims WaterWipes has “duped” consumers into paying a premium price for the wipes despite the fact they are not completely biodegradable as advertised. She also notes WaterWipes changed its front label to remove the “100% Biodegradable” symbol and indicates on the back label that the company is “working hard on making our wipes and packaging biodegradable.”

The class action lawsuit alleges this language indicates a clear admission by the company that its statements were false and misleading.

The Federal Trade Commission requires companies to prominently qualify claims about a product’s biodegradability to avoid misleading consumers about its ability to degrade in the environment where it is typically disposed, the WaterWipes class action lawsuit explains.

The lawsuit asserts claims for violations of various state consumer fraud acts and unjust enrichment.

A consumer recently hit Kimberly-Clark with a class action lawsuit alleging the company deceives consumers into thinking its Kleenex wet wipes eliminate germs even though the product contains no germicidal ingredients.

Have you purchased WaterWipes biodegradable products? Tell us what you think about the WaterWipes class action lawsuit in the comments.

Vences is represented by Kevin Laukaitis of Laukaitis Law Firm LLC and Andrew J. Sciolla of Sciolla Law Firm LLC.

The WaterWipes biodegradable class action lawsuit is Christina Vences, et al. v. WaterWipes (USA) Inc., Case No. 1:23-cv-00619, in the U.S. District Court for the Northern District of Illinois.

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