Dude Wipes Neither Flushable Nor Safe for Sewer and Septic Systems as Advertised, Class Action Lawsuit Says [UPDATE]
Last Updated on July 16, 2024
Commissioners of Public Works of the City of Charleston v. Dude Products, Inc.
Filed: May 9, 2024 ◆§ 2:24-cv-02935
A new class action lawsuit alleges Dude Wipes are neither flushable nor safe for plumbing and sewer/septic systems as advertised.
July 15, 2024 – Dude Wipes Settlement Hearing Set for Sept. 2024
A Dude Wipes settlement hearing, at which the judge will decide whether to grant final approval to the deal, has been slated for September 27, 2024, in Charleston, South Carolina, according to court records.
On May 10 of this year, the Commissioners of Public Works for the City of Charleston submitted to the court an unopposed motion for preliminary settlement approval and a memo in support of the proposed deal. The memo informs that the proposed settlement would provide “critical injunctive relief to municipal wastewater systems” nationwide, including a commitment by Dude Wipes to “meet a national municipal wastewater industry flushability standard” for flushable wipes and revamp its product labeling for non-flushable wipes.
The plaintiff’s counsel told the court that the proposed flushable wipes settlement “largely parallels” recent settlements with several retailers—Costco, CVS, Kimberly-Clark, Procter & Gamble, Target, Walgreens and Walmart—and marks “an excellent result” for wastewater facilities nationwide amid a surge in wipes-related clogs and blockages.
United States District Judge Richard M. Gergel granted preliminary approval to the Dude Wipes settlement on May 31, 2024.
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Charleston, South Carolina’s public works commissioners allege in a proposed class action lawsuit that Dude Wipes are neither flushable nor safe for plumbing and sewer/septic systems as advertised.
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The 35-page flushable wipes lawsuit says that Dude Wipes, despite defendant Dude Products’ representations otherwise, are unsafe to flush down a toilet given that the moist wipes do not disperse into smaller pieces in the same manner as toilet paper. The propensity of Dude Wipes to not disperse effectively means flushed wipes can comingle and cause clogs and water treatment issues, “making them costly and difficult to manually remove,” the complaint says.
“Flushable Wipes have been labeled public enemy No. 1 for water reclamation,” the case states.
Because Dude Wipes are not, in fact, suitable to be flushed down a toilet, the products have caused “countless clogs” and other damage to consumers, municipalities, sewage and wastewater conveyance and treatment systems and departments of public works alike, the lawsuit alleges, noting that clogged sewer lines can cause all manner of other public health and environmental issues.
Without Dude Products’ “flushable” marketing and labeling for Dude Wipes, the suit contends, the products “would not be discarded in toilets and, in turn, would not damage, clog, and/or disrupt pump stations, lift stations, sewer lines and/or wastewater treatment plants’ systems.”
“As long as Defendant continues to claim that Flushable Wipes are ‘flushable,’ consumers will continue to use them in accordance with Defendant’s instructions and many may never realize the property damage and risks to public health and the environment caused by flushing Flushable Wipes,” the case asserts.
A product labeled “flushable” must break apart or disperse within a reasonable period of time, so as to not arrive intact at pump stations and/or downstream treatment facilities, the case stresses.
Per the lawsuit, purportedly flushable wipes are responsible for excessive maintenance and repair expenses for municipalities, water treatment facility operators and, ultimately, consumers. According to the complaint, “flushable” wet wipes cost billions each year in worldwide maintenance, “and there is no end in sight.”
The lawsuit looks to cover all entities that operate sewage or wastewater conveyance and treatment systems, including municipalities, authorities and wastewater districts, into which Dude Products’ Dude Wipes are flushed.
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