Advertisement

'Flushable' wet wipes maker wins court case against ACCC

Tony Yoo
Updated
Kleenex Cottonelle Flushable Cleansing Cloths range. (Image: ACCC)
Kleenex Cottonelle Flushable Cleansing Cloths range. (Image: ACCC)

Toilet wet wipes maker Kimberly-Clark has won a court case brought on by the consumer watchdog, which accused it of misleading consumers.

The Australian Competition and Consumer Commission had taken the multi-national company to the Federal Court, alleging the "flushable" claim on the wipes was misleading.

The commission argued that the wipes did not break down as well as toilet paper, and when flushed down the toilet could cause expensive blockages in sewer pipes.

"The ACCC took this action because it was concerned that consumers were being misled about the very nature of the product they were buying," ACCC chair Rod Sims said.

"We also took this case because we are aware of increasing problems reported by Australian water authorities as a result of non-suitable products being flushed down the toilet and contributing to blockages and other operational issues."

Sydney Water staff manually removing wet wipes from a blockage. (Image: Sydney Water)
Sydney Water staff manually removing wet wipes from a blockage. (Image: Sydney Water)

The court acknowledged that the wipes did not disintegrate or disperse as well as toilet paper and that it was consistent to conclude this was harmful to sewerage systems. But it couldn't find sufficient evidence that actual harm had resulted.

There was also not enough evidence that specifically Kimberly-Clark's wipes were contributing to blockages more than any other types of wet wipes.

The Federal Court thus ruled that Kimberly-Clark's "flushable" claim was not false or misleading.

Sims said the ACCC would review the decision and consider its options.

The watchdog also argued that the guidelines that Kimberly-Clark used to back up its "flushable" claim were not independent, as they were created by the wipes industry without significant input from wastewater utilities. The court disagreed.

The ACCC started legal action against Kimberly-Clark and rival wet wipes manufacturer Pental back in 2016. In April last year, the Federal Court ordered Pental to pay a $700,000 penalty after the company admitted its "flushable" claims were false and misleading.

The subject of the Kimberly-Clark legal case, Kleenex Cottonelle Flushable Cleansing Cloths, have been discontinued but now replaced with a new range of "flushable" wipes.

Make your money work with Yahoo Finance’s daily newsletter. Sign up here and stay on top of the latest money, news and tech news.