Nice-Pak agreed to stop tissue flushability claim: FTC

May 21, 2015 - United States Of America

Nice-Pak Products, Inc., a US manufacturer of wet wipes, has agreed to stop advertising moist toilet tissue as flushable unless it can substantiate that the product is safe to flush.

“Similarly, Nice-Pak agreed to not claim that its moist toilet tissue is safe for sewer and septic tanks unless it has substantiation for those claims,” a press release from the Federal Trade Commission (FTC) said.

“In addition, Nice-Pak will stop providing trade customers, such as retailers, with information to make such unsubstantiated claims,” FTC added.

“Nice-Pack could not substantiate claims of its signature line - 'breaks apart after flushing' that their wipes were safe to flush,” Jessica Rich, director of FTC’s Bureau of Consumer Protection said.

“If you claim a product is flushable, it needs to flush in the real world, without clogging household plumbing or sewer and septic systems,” Rich too added by saying.

According to the FTC complaint, Nice-Pak violated the FTC Act by misrepresenting facts on flushability and certain formulation of its wipes.

These include that they are safe for sewer systems; are safe for septic systems; break apart shortly after being flushed and finally are safe to flush.

FTC also alleged that Nice-Pak provided the means and instrumentalities for retailers and others that marketed the product under their own label to make similar misrepresentations.

According to FTC, the company’s tests did not reflect, real world household plumbing or septic conditions.

The proposed administrative consent order settling the FTC charges prohibits Nice-Pak from misrepresenting that any wipe is safe to flush, unless it can substantiate the same.

These include that the wipe will disperse in a sufficiently short amount of time after flushing to prevent clogging or damage to household plumbing, sewage lines and septic systems.

“The test must also replicate the physical conditions of the environment where the wipes will be disposed,” FTC observed.

In addition, the proposed order prohibits Nice-Pak from making representations about the benefits, performance, or efficacy of moist toilet tissue, unless the company relies on competent and reliable evidence.

The proposed order also prohibits Nice-Pak from providing the means and instrumentalities to anyone else to make the prohibited misrepresentations. (AR)