In December 2016, ACCC filed lawsuits against two washable wipes suppliers: Kimberly Clark Australia Pty Ltd and pental Ltd and pental products Pty Ltd. Kimberly Clark Australia Pty Ltd is a manufacturer of Kleenex products, and pental Ltd and pental products Pty Ltd produce white king series products. The lawsuit was initiated in response to complaints from consumer groups.
ACCC claims that these companies violated the Australian consumer law (ACL) by mistakenly promoting their wipe products as 'washable' products, misleading consumers into thinking they would collapse like toilet paper. In fact, they will not decompose quickly, resulting in serious damage to the water authorities.
Since 2015, Kimberley claims to have received more than 6000 consumer complaints about damage to pipes and waterways caused by wipes. However, the company believes that the statement that the wipes it produces are 'washable' is accurate and that it will defend itself on this basis.
ACCC seeks an injunction to stop the sale of these products, as well as penalties, corrective notices and fines for ACL violations. It believes that consumers are persuaded to buy such products because of misleading statements, which will put competitors at a disadvantage.
Just last week, pental, Australia's largest consumer goods maker, was ordered by a federal court to pay $700000 for misleading customers into thinking its toilet and bathroom wipes could be washed away by water.
According to ACCC, pental claimed in its packaging and promotion of white king wipes that they are made of specially designed materials and break down like toilet paper when washed into the sewer.
The company also boasts that users can 'simply wipe the surface of the toilet... And wash it away with water.'.
ACCC started the litigation process in the federal court in December 2016 after receiving complaints from choice, a consumer advocacy group. Eventually pental worked with ACCC and admitted that the advertising was wrong.
Sarah court, an ACCC Commissioner, welcomed the results and said businesses would take on 'serious consequences' of misleading consumers.
'These white king wipes can't be flushed into the toilet, and Australia's wastewater authorities may face serious problems as a result of clogging household and municipal sewage systems,' she said
Sydney Water spokesman Jackson Vernon agreed with the $700000 fine, saying the blockage caused by sanitary products costs millions of Australian dollars a year to fix.
'We estimate that over 500 tons of wet tissue are removed from our sewer network every year,' he said.
Sydney water is calling on companies to include a 'don't flush into the sewer' message in their packaging of sanitary products.
'At the same time, remember that there are only three things you can flush into the toilet,' Mr. Jackson Vernon said. 'That's urine, poop and toilet paper.'
ACCC has also initiated an independent court action against Kimberley Australia in respect of similar 'washable' wipe products sold and supplied in Australia between 2013 and 2016.
In 2015, choice also awarded Kimberly's Kleenex cottonelle washable children's cleaning wipes the 'punky awards.'.
So when the enterprise publicizes its washable wipes, remember whether the consumer flushes into the toilet is a qualified product or the conscience of the manufacturer.