Flushable wet wipe makers could face class action

THE consumer watchdog is taking action against the makers of “flushable” wet wipes that cause millions of dollars in damage. But it could get even messier.

MANUFACTURERS of so-called “flushable” wipes that cause thousands of dollars of damage to plumbing systems could be facing a class-action lawsuit from disgruntled homeowners.

On Monday, the consumer watchdog launched legal action against Kimberly-Clark and Pental, alleging the two companies deceived consumers by marketing wipes as “flushable” and that they would “break up like toilet paper”, when in fact they wreak havoc on sewage systems and plumbing.

Nationally wet wipes cost Australia’s water utilities $15 million to clean up, and households face plumbing bills as high as $16,000. Both companies could face fines of more than $1 million if the ACCC succeeds.

“These things have cost us around $2000 in plumbing fees over the last 12 months or so in an investment property when the new tenant decided to use them,” one reader told news.com.au.

“The bloody things blocked the pipes and we had to keep paying the plumber because the product states they are flushable, which they are, but doesn’t mention that they will block the sewer. It took four plumber visits to finally discover the blockage was the wipes, not tree roots.”

The ACCC’s action has left the toilet seat up for other lawsuits.

Jan Saddler, class actions principal at Shine Lawyers, said the law firm would “certainly have a look at it”. “If people have incurred significant costs in rectifying a problem caused by that product when it’s not consistent with the way that product is marketed and sold to consumers, why wouldn’t we investigate further?” she said.

“Certainly whenever an organisation such as the ACCC or ASIC or any regulator take action, it’s something Shine would investigate further and look at the possibility of what action there may be for people who have suffered loss as a consequence of [those] issues.”

To flush, or not to flush

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Ms Saddler said it was not necessary to wait for the outcome of the ACCC proceedings for a separate action to be launched. “If there is a sustainable course of action for people to bring against the manufacturer such as this which is causing issues, it’s not necessary to wait,” she said.

Water authorities around the country, which have long been battling the wet wipe scourge, welcomed Monday’s announcement.

“We’ve been running a campaign for over 18 months now to keep wipes out of pipes,” said Sydney Water spokesman Peter Hadfield.

Sydney Water removes 500 tonnes of wet wipes from its treatment plants every year.

“Often it has to be removed by hand, and that’s a pretty terrible job for our staff,” Mr Hadfield said.

“It’s not just a problem for waste water utilities. Our concern is that there are a significant number of people who contact us on a regular basis to say they’ve been hit with fair sizeable plumbing bills to remove wipes from their pipes.

“It’s not just a Sydney Water problem, it’s a global problem.”

Queensland’s water authority removes 160 tonnes, or around 20 million wet wipes, from its treatment plants every year, at an estimated cost of $1.5 million.

“Laid end to end that’s enough wipes to stretch from Brisbane to Bali,” said Queensland Urban Utilities spokeswoman Michelle Cull.

“Wet wipes are the number one enemy of sewer pipes here in Australia and all over the world. It’s a big problem, so we really welcome the ACCC’s decision to take court action. We think it’s a positive step towards overcoming a big problem for us.”

The Water Services Association of Australia also welcomed the court action. “Together with over 300 international water utilities and partner organisations, WSAA and its members have signed a global statement outlining that only the 3Ps — Pee, Poo and toilet Paper — should be flushed,” it said in a statement.

Kimberly-Clark on Monday stood by its “flushability” claims. “Our claims that these products are flushable are accurate and the proceedings will be defended on that basis,” a spokeswoman said.

“These products and the current Kleenex Cottonelle Flushable Wipes meet or exceed the requirements set out in the INDA/EDANA Flushability guidelines, which are the only widely accepted guidelines for assessing flushability.”

Pental, while saying it had already removed the word “flushable” from its products, defended itself by saying there was “no legal standard for flushability and therefore there is an inherent degree of ambiguity about the meaning of that term”.

“In September 2014, Pental undertook its own review of the White King Bathroom Wipes packaging and removed the claims relating to disintegration like toilet paper,” a spokesman said.

“This was well prior to any ACCC investigation or any controversy about ‘flushability’ claims. Pental continued to sell the White King Bathroom Wipes as ‘flushable’ products as it believed that flushing down the toilet was a suitable means of disposal for the product.”

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