WaterWipes Far From ‘100% Biodegradable’ as Advertised, Class Action Claims

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A proposed class action alleges WaterWipes are falsely advertised in that the purportedly “100% Biodegradable” products do not decompose completely within a reasonable period of time after disposal in the garbage.

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The 25-page lawsuit relays that the labels of WaterWipes baby and adult care wipes state that the products are “100% Biodegradable Wipes” and feature an image of a green leaf. The items’ back labels claim that the wipes are “[m]ade from 100% plant fibres” that will “[biodegrade] in 4 weeks,” the suit says.

The case contends that these representations are misleading, however, because the wipes are usually thrown in the trash, meaning they will wind up in a landfill or incinerator—places without the conditions required for full decomposition in a reasonable period of time.

The claim that the wipes are biodegradable—that is, that they’re designed to fully decompose and “return to nature” in a short time after normal disposal—deceives consumers because the packaging fails to say that the wipes may not break down entirely if thrown in the garbage, the complaint states. In fact, the products’ front label explicitly directs users not to flush the wipes down the toilet, which the lawsuit maintains leads people to assume that they must be disposed of in the trash.

As a result, the wipes end up in landfills or incinerators, the lawsuit says.

“[W]aste in landfills is buried, rather than being exposed to air, light, or oxygen,” the suit reads. “Such conditions essentially mummify the waste and prevent it from biodegrading within a reasonable amount of time.”

Crucially, the products’ packaging fails to instruct users on what kind of disposal method should be used to facilitate biodegradation, the case relays.

Per the complaint, interest in biodegradable products is growing as consumers become increasingly concerned about waste management, and the filing alleges that the defendant is attempting to exploit buyers’ willingness to pay higher prices for goods that are better for the environment.

WaterWipes products placed on the market after March or April 2022 reportedly lack their predecessors’ “100% Biodegradable” label claim, which the lawsuit contests is an admission of false advertising on previous WaterWipes labels.

The plaintiff, an Illinois resident, has purchased several of the defendant’s products and, like other consumers, believed based on the front-label representations that the wipes would fully break down within a short amount of time after she disposed of them, rather than wind up in landfills or incinerators, the case says.

The lawsuit looks to represent anyone in the United States who purchased WaterWipes Biodegradable Original Baby Wipes, WaterWipes Biodegradable Textured Clean Baby Wipes, and WaterWipes Adult Care Sensitive Wipes for personal use within any applicable statute of limitations period.

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