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$2.15 Million Settlement in Flushable Wipes False Advertising Class Action

Outcome: $2,150,000.00 Settlement

Christopher Meta v. Target Corporation, et al., Case No.: 4:14-CV-0832, in the United States District Court for the Northern District of Ohio

Plaintiff Christopher Meta achieved a decisive settlement against Target Corporation and Nice-Pak Products, Inc., over allegations that the Up & Up flushable toddler wipes were misleadingly marketed as “flushable.” The suit, which represented all purchasers of a specific formulation of flushable wipes, claimed monetary damages and injunctive relief on several counts, including breach of warranty, negligent design and misrepresentation, fraud, and violation of consumer protection laws.

The Court limited the class to individuals who purchased the “Buckeye” formulation of the product in Ohio from April 18, 2010, through its discontinuation in 2014. After negotiations, the parties agreed to a settlement that would encompass a broader class, defined as all U.S. residents who purchased the product within the same timeframe. Tycko & Zavareei LLP was one of two consumer protection law firms appointed as Class Counsel.

Under the terms of the settlement, Target and Nice-Pak provided eligible consumers with a Target gift card or coupon for each unit purchased, with potential for unlimited gift card recovery with proof of purchase.

Defendants’ denial of any wrongdoing notwithstanding, this settlement has propelled Nice-Pak to amplify its consumer education efforts regarding materials that are and are not safe to flush. The settlement provides a resolution for those affected by the purchases made in good faith and serves as a caution for corporations to maintain transparency and responsibility in product marketing.

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