Scott Naturals Class Action Lawsuit Says Flushable Wipes Aren’t ‘Natural’

Last Friday, the Kimberly-Clark Corporation was hit with a class action lawsuit alleging it falsely advertised Scott Naturals Flushable Cleansing Cloths to appeal to health-conscious consumers.

Although the Scott flushable wipes are marketed and advertised with claims touting the product as “natural,” Scott Naturals Flushable Cleansing Cloths actually contain non-natural, synthetic ingredients, plaintiffs Heidi Arreola and Tim Dostal argue in the Kimberly-Clark class action lawsuit.

“Consumers have become increasingly concerned about the effects of synthetic and chemical ingredients in food, cleaning products, bath and beauty products and everyday household products,” the Scott Naturals flushable wipes class action lawsuit says.

Arreola and Dostal claim Kimberly-Clark has capitalized on consumers’ growing desire for natural products and their willingness to pay a premium price for natural products over products that contain synthetic ingredients.

According to the Scott flushable wipes class action lawsuit, Scott Naturals Flushable Cleansing Cloths contain several synthetic ingredients, including sodium chloride, sodium benzoate, phenoxyethanol, malic acid, polysorbate 20, lauryl glucoside and sorbic acid.

The plaintiffs claim that Kimberly-Clark’s representations that the Scott flushable wipes products are “natural” are false, misleading and deceptive because they contain multiple synthetic ingredients.

“Consumers lack the meaningful ability to test or independently ascertain or verify whether a product is natural, especially at the point of sale,” the Scott Naturals flushable wipes class action lawsuit says. They would not know, just by reading the product label, whether the ingredients listed are synthetic, the plaintiffs claim.

“Discovering that the ingredients are not natural and are actually synthetic requires a scientific investigation and knowledge of chemistry beyond that of the average consumer,” the Scott Naturals Flushable Cleansing Cloths class action lawsuit alleges.

“That is why, even though the ingredients listed above are identified on the back of the Product’s packaging in the ingredients listed, the reasonable consumer would not understand – nor are they expected to understand – that these ingredients are synthetic.”

Arreola and Dostal each claim they believed the Scott Naturals flushable wipes product was “natural” when they decided to purchase it. According to the Kimberly-Clark class action lawsuit, they would not have been willing to pay the same price for the product—or purchase the product at all—if they had known the Scott Naturals wipes contained synthetic ingredients.

The Scott Naturals flushable wipes class action lawsuit accuses Kimberly-Clark of violating New York business law, consumer protection laws in all 50 states, and the Magnuson-Moss Warranty Act. The plaintiffs claim Kimberly-Clark has breached express and implied warranties regarding the Scott flushable wipes and that the company has been unjustly enriched by its alleged misrepresentations.

The plaintiffs are seeking injunctive relief, monetary damages, punitive damages, attorneys’ fees and costs, and other relief deemed proper by the court.

Arreola and Dostal are represented by Jason P. Sultzer, Joseph Lipari and Adam Gonnelli of The Sultzer Law Group PC; Melissa Wolchansky of Halunen Law; and Todd D. Carpenter of Carlson Lynch Sweet Kilpea & Carpenter LLP.

The Scott Naturals Flushable Wipes Class Action Lawsuit is Heidi Arreola and Tim Dostal v. Kimberly-Clark Corporation, Case No. 7:17-cv-05127, in the U.S. District Court for the Southern District of New York.

UPDATE July 18, 2018: Kimberly-Clark Corp. continues to request dismissal of a class action lawsuit alleging its Scott Naturals flushable wipes are misleadingly labeled because they contain synthetic ingredients.