SAN FRANCISCO – Two consumers allege that the manufacturer of a brand of hygiene wipes fraudulently and deceptively led them to believe the product was suitable for flushing.
Robert Lawton and Cristina Hall filed a complaint individually, on behalf of themselves, the general public, and those similarly situated on April 23 in the San Francisco County Superior Court against Dude Products Inc. and Does 1-50 alleging fraud, deceit and/or misrepresentation and other counts.
According to the complaint, the defendants market personal hygiene wipes known as Dude Wipes as "flushable" and 100 percent biodegradable.
"Despite the label, however, the wipes are not actually suitable for flushing down a toilet and will not completely break down and return to nature within a reasonably short period of time after customary disposal," the suit states.
Lawton alleges he purchased one package of the defendant's Dude Wipes from Amazon in September 2017. He alleges the wipes clogged his toilet and did not dissolve. Hall alleges she purchased the wipes in December 2014.
They allege they would not have purchased the wipes had they known of the risk of clogging. They allege the wipes clog and damage pipes, fail to break down in septic tanks and damage municipal sewage lines when flushed as part of consumer use.
The plaintiffs hold Dude Products Inc. and Does 1-50 responsible because the defendants allegedly failed to inform consumers that the wipes are made from synthetic polyester fibers and not intended for flushing.
The plaintiffs request a trial by jury and seek judgment against defendants for damages, restitution, attorney's fees, costs of suit, and further relief as the court deems just. They are represented by Adam J. Gutride, Seth A. Safier, Kristen G. Simplicio and Marie McCrary of Gutride Safier LLP in San Francisco.
San Francisco County Superior Court case number CGC-18-566005