Can A Disclaimer Explain What You Mean By "Flushable"?

Stop & Shop sells wipes that it advertises as "flushable." The issue with flushable wipes is that they're just not always flushable, either because your septic system can't handle them or for a variety of other reasons. For quite some time now, advertisers have struggled with how to advertise this "increasingly popular alternative to toilet paper" as flushable without potentially misleading consumers about the fact that they're not right for everyone. (For example, check out our prior blog posts on Dude Wipes, Scott Flushable Cleaning Cloths, and Charmin Freshmates.)

To further complicate things, the law also isn't a model of clarity or consistency on what types of disclaimers are effective on packaging. It doesn't seem all that likely that many of the disclaimers that advertisers are using on packaging – particularly on the back of packaging – are going to satisfy the Federal Trade Commission's new take on the "clear and conspicuous" standard, which requires