The federal government is better equipped than a judge to determine what can be flushed down a toilet, a Brooklyn judge ruled Monday.
Federal Judge Jack Weinstein put on hold six lawsuits accusing wet wipes manufacturers of falsely advertising the products as “flushable.”
Weinstein said the Federal Trade Commission has already launched an inquiry to determine what “flushable” means, exactly. Apparently, the term could suggest different things to consumers and manufacturers.
The suits filed in Brooklyn Federal Court allege that products advertised as “flushable” — including Kimberly-Clark’s Cottonelle moist wipes and Procter & Gamble’s Charmin Freshmates wet wipes — did not disintegrate as promised and clogged home plumbing.
Weinstein said it would be best for everyone to wait for the feds to weigh in before he decides if the suits merit class action status.
A class action suit in federal court could potentially wipe out manufacturers’ profits, with damages estimated at $95 million.
The New York City Council has proposed a bill which would prohibit the use of the term “flushable” on packaging.
“An FTC determination will enable courts to determine whether different manufacturers’ and sellers’ labeling was accurate,” Weinstein wrote in his decision.
