WaterWipes (USA), Inc. makes baby and adult wipes that it advertises as being “100% Biodegradable Wipes.” But the complaint for this class action alleges that this claim is false, because the non-flushable wipes are usually disposed of in landfills or incinerators, which do not have the conditions to allow these wipes to degrade within a reasonable period of time.
The class for this action is all residents of New York who bought any of the wipes in New York, for personal, family, or household use and not for resale, within the applicable statute of limitations period. The products at issue include the following:
- WaterWipes Biodegradable Original Baby Wipes
- WaterWipes Biodegradable Textured Clean Baby Wipes
- WaterWipes Adult Care Sensitive Wipes
Pages 4 and 5 of the complaint show images of the products, with the packaging bearing the words “100% Biodegradable Wipes” along with the image of a green leaf. The complaint alleges that the back labels of the product claim that they biodegrade in four weeks.
But the complaint alleges that these claims are false, because the wipes are usually thrown in the trash after use, “which means the Wipes end up in landfills and/or incinerators. These places do not have the conditions necessary to allow the Wipes to completely decompose within a reasonable period of time.”
The complaint quotes the findings of an earlier court case as saying, “The claim that a product is ‘biodegradable, if composted’ might be truthful, but if the product is only disposed in landfills, the alleged environmental attribute actually produces no benefit.”
The Federal Trade Commission (FTC) has published Green Guides to guide companies who want to make environment-related claims for their products. The complaint quotes one such guide as saying, “Unqualified degradable claims for items that are customarily disposed in landfills, incinerators, and recycling facilities are deceptive because these locations do not present conditions in which complete decomposition will occur within one year.”
The Water Wipes website repeats the claim that the wipes are biodegradable, saying that they “meet the industry standard for biodegradability (EN13432) and will biodegrade in 12 weeks.” But the complaint claims that EN13432 is “the degradability standard for wipes that are disposed of in industrial composting facilities—not in landfills or incinerators.”
The complaint alleges, “Composting facilities require the diligent management of temperature, oxygen/aeration, and carbon/nitrogen ratios, which allow certain products to actually biodegrade within a reasonable time frame.” But in landfills, the conditions are very different, it claims: “In particular, waste in landfills is buried, rather than being exposed to air, light, or oxygen. Such conditions essentially mummify the waste and prevent it from biodegrading within a reasonable amount of time.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
WaterWipes “100% Biodegradable” Claims New York Complaint
November 17, 2022
WaterWipes (USA), Inc. makes baby and adult wipes that it advertises as being “100% Biodegradable Wipes.” But the complaint for this class action alleges that this claim is false, because the non-flushable wipes are usually disposed of in landfills or incinerators, which do not have the conditions to allow these wipes to degrade within a reasonable period of time.
WaterWipes “100% Biodegradable” Claims New York ComplaintCase Event History
WaterWipes “100% Biodegradable” Claims New York Complaint
November 17, 2022
WaterWipes (USA), Inc. makes baby and adult wipes that it advertises as being “100% Biodegradable Wipes.” But the complaint for this class action alleges that this claim is false, because the non-flushable wipes are usually disposed of in landfills or incinerators, which do not have the conditions to allow these wipes to degrade within a reasonable period of time.
WaterWipes “100% Biodegradable” Claims New York Complaint