Target Flushable Wipes Class Action Granted Certification

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An Ohio federal judge has certified a Class of consumers bringing breach of warranty claims against Target over flushable wipes that allegedly do not disperse after flushing and instead result in clogged sewer lines and septic systems, causing sewage backups and even flooding.

U.S. District Judge Donald C. Nugent partially granted the consumers’ request in certifying a warranty Class against Target but denied class certification for fraud claims, siding with Target’s argument that there are too many individual issues of reliance that predominate over any common issues.

“There are many reasons consumers may have chosen to purchase the wipes at issue in this case, some of which may have had nothing to do with whether or not they were flushable. It is quite possible, in fact, that many people who bought this product did not rely on the representation at all, and did not flush the product due to misgivings about flushing any non-toilet paper products into their plumbing system,” the judge stated.

Judge Nugent also considered arguments from both parties involving whether Nice-Pak flushable wipes, sold under Target’s Up & Up brand toddler wipes perform as stated on the flushable wipes packaging are common to all proposed Class Members.

He concluded that because the product is labeled as “flushable” and “sewer and septic safe” and purports to “break apart after flushing” and does not perform as described, the warranty claims are common to all potential Class Members.

“If the product at issue does not do what it claims to do, all purchasers are affected under the alleged warranty theory, regardless of their pattern of usage, or their perceived satisfaction or dissatisfaction with the product,” the judge said. “Based on the allegations in the complaint, either 0% or 100% of the proposed class members have used mislabeled products.”

Lead plaintiff Christopher Meta filed the proposed Target flushable wipes class action lawsuit in 2014 in the U.S. District Court for the Northern District of Ohio.

He said he bought Target’s wipes when potty training his daughter because it was labeled “flushable,” “dispersible,” “sewer and septic safe” and that the pre-moistened fabric wipes “break apart after flushing.”

Meta contends none of those claims are true, and that Target knows them to be false.

The plumbing and septic system for Meta’s home became clogged by wipes that, his plumber allegedly said, had “caked together.”

Municipalities across the country are encountering similar problems from purportedly flushable wipes that are anything but, the complaint says.

“These wipes have not only been clogging consumer’s pipes all over Ohio and the country, but have also created a public health hazard by clogging pumps at municipal waste treatment facilities,” the complaint says, adding that Target and other wipes manufacturers are well aware of the problem.

Target motioned to dismiss the flushable wipes class action lawsuit in 2014, but Judge Nugent ruled that several product liability claims brought by the plaintiff could proceed.

Then, earlier this month, Judge Nugent narrowed down the litigation, dismissing claims involving “flushable moist wipes” manufactured by Rockline Industries, noting that Meta never purchased or use that product.

He further trimmed down the proposed Class in this latest order, denying Meta’s request for injunctive relief because Nice-Pak changed in product formulation in 2014.

“Just as he had no standing to bring a claim for alleged violations by the Rockline product, plaintiff has no standing to challenge the validity of the claims made on the ‘Sigma’ formulation of the Nice-Pak wipes. There is no evidence that Mr. Meta ever purchased these Sigma wipes, or that he was injured by them in any way,” the order states.

Meta is represented by Stuart E. Scott and Daniel Frech of Spangenberg Shibley & Liber LLP and Jonathan K. Tycko and Lorenzo B. Cellini of Tycko & Zavareei LLP.

The Target Flushable Wipes Class Action Lawsuit is Meta v. Target Corp., Case No. 4:14-cv-00832, in the U.S. District Court for the Northern District of Ohio.

UPDATE: May 2018, the Target flushable wipes class action settlement is now open. Click here to file a claim.

UPDATE 2: On May 11, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $27 from the Target flushable wipes class action settlement. Congratulations to everyone who filed a claim and got PAID!