A federal judge in Massachusetts has denied supermarket Stop & Shop’s motion to dismiss allegations that its cleansing wipes are deceptively advertised as “flushable,” in violation of  deceptive acts and fraud practices in the conduct of any trade or commerce.

U.S. District Judge Indira Talwani for the District of Massachusetts on Friday found that the plaintiff, Mark Schotte, sufficiently plead a likelihood of future injury in order to establish standing or injunctive and declaratory relief, after he alleged he would be interested in purchasing the wipes again if Stop & Shop ensured they were actually flushable.