Robbie Hargett Aug. 14, 2015, 11:39am


A New Hampshire couple is suing Wal-Mart and another business, alleging claims of deception regarding flushable wipes.

Eugene and Victoria Richard, individually and for all others similarly situated, filed a class action lawsuit Aug. 5 in U.S. District Court Eastern District of New York against Wal-Mart Stores Inc. and Rockline Industries, alleging negligent misrepresentation, breach of express warranty, deceptive business practices and unjust enrichment.

According to the complaint, the Richards couple bought Equate flushable wipes, manufactured for Wal-Mart by Rockline, several times from Wal-Mart locations. The suit says the packaging on flushable wipes states the wipes will break down after being flushed down a toilet.

However, the plaintiffs and others in the class allege that flushable wipes do not break down, causing plumbing issues such as clogged toilets and pipes and flooded basements. In particular, the Richards' septic system experienced leech failure, and the resultant damage required the need for professional plumbers, the suit says.

According to the suit, studies conducted in several areas of the country confirm that flushable wipes do not break down as advertised.

The plaintiffs and others in the class seek an order declaring the defendants' practices improper, unfair, unlawful, and/or deceptive, an injunction ordering the defendants to inform the public of the true nature of the flushable wipes, damages, disgorgement and restitution, plus court costs. The plaintiffs are represented by attorneys Mark S. Reich, Samuel H. Rudman, and Sean T. Masson of Robbins Geller Rudman & Dowd in Melville, N.Y.; and Stuart A. Davidson and Mark Dearman of the same firm in Boca Raton, Fla.

U.S. District Court Eastern District of New York case number: 1:15-cv-04579-CBA-JO.

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