Case Against Flushable Wipe Manufacturers Will Proceed
Wexler Wallace LLP is one of several firms representing municipalities that operate water treatment facilities against corporations that manufacture and sell wipes that are labeled as “flushable.” The municipalities claim that Defendants’ wipes are not actually “flushable” because they cause clogs and back-ups in the municipalities’ sewer systems. The municipalities seek, among other relief, recovery for the expenses they have incurred due to the clogs, back-ups and other damages to the sewer systems. Defendants sought to dismiss the municipalities’ claims; however, Chief Judge John R. Tunheim in the United States District Court for the District of Minnesota largely denied defendants’ motions on September 28, 2016. The municipalities may proceed with, among other claims, breach of express warranty, unlawful trade practices, false advertising, and consumer fraud.