ACCC loses flushable wipes Federal Court challenge against Kimberly-Clark

Kimberly-Clark survived the Covid-19 toilet paper hoarding and now an ACCC challenge to its flushable wipes claims.

The Full Federal Court has rejected the ACCC arguments that Melbourne based manufacturer Kimberly-Clark was guilty of false and misleading statements over its flushable wipes. Picture: News Regional Media

Sydney based manufacturer Kimberly-Clark has survived the Covid-19 toilet paper hoarding and now an ACCC challenge to its flushable wipes claims.

In a decision today the Full Federal Court has rejected the ACCC arguments that the manufacturer was guilty of false and misleading statements over its flushable wipes.

The ACCC had argued the wipes did not dissolve as claimed and caused a risk to sewage systems.

But the Full Federal Court backed the trial judges decision.

The case was first launched early last year and the ACCC lodged its appeal in July last year.

In a statement at the time it said “ there was evidence of the risk of harm these wipes posed to the sewerage system, and that the trial judge was wrong to require evidence that these particular wipes had caused actual harm.”

It also argued Kimberley-Clark had erred in saying the Kleenex wipes would break up quickly when flushed.

“The ACCC is aware of problems continuing to be reported by Australian water authorities as a result of non-suitable products, such as wet wipes, being flushed down the toilet and contributing to blockages and other operational issues,”it said.

ACCC chief Rod Sims has claimed in the past the courts demand too much in seeking proof in competition cases and he believes this is also true in consumer cases.

Competition lawyers say the issue is not the standard of proof but the way the ACCC presents its arguments.