Man says buying Stop & Shop flushable wipes is like throwing money down the drain, except you shouldn't because both the wipes and the money would clog that drain

A Beverly man who bought some Stop & Shop "flushable" wipes in February says he was aghast when he read the fine print on the bottom that he claims contradicts the claim that the wipes are flushable and so is suing the supermarket chain.

In his lawsuit, filed in US District Court last week, Mark Schotte does not disclose whether his toilet or pipes clogged after using the wipes, which he bought "for his personal use" at the Beverly Stop & Shop, but says he never would have bought them in the first place had he noticed the tiny-print disclaimer that there are limits on their flushability, and that he is outraged enough to seek to become lead plaintiff in a class action for at least $5 million in damages.

The complaint alleges that "no reasonable consumer would even notice the disclaimer, which is located on the underside of the packaging, in small print, and is hidden by a tab that must be folded up to even view it," his complaint alleges.

Defendant markets and sells the Wipes as "flushable" wipe products. In fact, the Wipes are not flushable, in that they do not break apart or disperse in a reasonable period of time after flushing, resulting in clogs or other sewage damage. ...

Further, no reasonable consumer would expect that small print language on the side or back panels of the Wipe products would contain language inconsistent with the representation that the Wipes are "flushable." Nor would a reasonable consumer expect that a "flushable" wipe would not break down in a timely manner under ordinary circumstances, such as when placed in water. No reasonable consumer would even notice the disclaimer at all, given its location, print size, and color. And the disclaimer is vague to the point of uselessness because the Wipes should not be flushed at all.

The complaint adds that had he known about the disclaimer, he certainly wouldn't have paid some 25% more for the wipes over the price of wipes that are clearly marked as unflushable.

For example, "Always My Baby Thick & Gentle Baby Wipes Scented" wet wipes sold by Defendant cost approximately $0.04 per wipe while "Always My Baby Toddler Wipes Melonberry Flushable Wipes'' and "Stop & Shop Flushable Cleansing Wipes Fresh Scent" both cost approximately $0.05 per wipe. Thus, Plaintiff and members of the Class and Subclass paid, at minimum, twenty-five percent more for the flushable Wipes due to the Flushability Claims.

Complete complaint (2.6M PDF).