In addition, Nice-Pak will stop providing trade customers, such as retailers, with information to make such unsubstantiated claims. Costco, CVS, Target, and BJ’s Wholesale Club were Nice-Pak customers that sold the formulation of the company’s moist toilet tissue that was the subject of the complaint under their own private labels.
“The evidence didn’t back up Nice-Pak’s claims that their wipes were safe to flush,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “If you claim a product is flushable, it needs to flush in the real world, without clogging household plumbing or sewer and septic systems.”
According to the FTC’s complaint, Nice-Pak violated the FTC Act
by misrepresenting that a certain formulation of its wipes: 1) are safe for sewer systems; 2) are safe for septic systems; 3) break apart shortly after being flushed; and 4) are safe to flush. The FTC also alleges Nice-Pak provided the means and instrumentalities for retailers and others that marketed the product under their own label to make similar misrepresentations. The company’s tests did not reflect, real world household plumbing or septic conditions, the FTC alleged.