‘Worthless product’: Mass. man files lawsuit against Stop & Shop over ‘flushable’ wipes
A Massachusetts man has filed a class-action lawsuit against Stop & Shop for falsely advertising its wet wipes as “flushable,” court documents show.
Mark Schotte, of Beverly, is suing the Quincy-based grocery chain because wipes that are being marketed at flushable aren’t flushable at all, according to a United States District Court filing.
“They do not break apart or disperse in a reasonable period of time after flushing, resulting in clogs or other sewage damage,” the lawsuit read. “Consumers understand that ‘flushable’ is commonly defined and understood to mean suitable for disposal by flushing down a toilet.”
The lawsuit also claims that Stop & Shop sells the wipes at a “significant price premium” over non-flushable wipes and traditional toilet paper.
Schotte purchased the “worthless product” at the Stop & Shop at 224 Elliott Street in Beverly in February 2023, reviewed the product’s labeling and packaging, and saw that the wipes were purportedly “flushable” on the front panel, the documents stated.
Schotte claimed that he would never have bought the wipes if he knew that the packaging was deceiving. He alleges that a warning inconsistent with the flushable claim is located on the bottom of the container, written in fine print, and obscured by a tab that must be folded up to view it.
“No reasonable consumer would even notice the disclaimer at all, given its location, print size, and color. And the disclaimer is vague to the point of uselessness because the wipes should not be flushed at all,” the lawsuit stated.
Schotte is seeking a jury trial, as well as compensatory, statutory, and punitive damages in amounts to be determined by the court.
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