September 27, 2016

false-advertisingLast Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws.  Specifically, the class action complaint alleges that THC advertises that its products are “100% natural” and “all natural” despite the presence of synthetic ingredients in its products.  The lawsuit seeks actual and punitive damages, as well as costs and attorneys’ fees.

Why is The Honest Company being Sued for False Advertising?

Class Action Lawsuit Allegations Against The Honest Company for False Advertising

According to the class action complaint filed in the United States District Court for the Central District of California, THC sells diapers, hand and dishwashing soap, multi-surface cleaners, shampoos and body washes, all of which purport to be “natural” products.  Indeed, the complaint alleges that THC’s company name, as well as the way it advertises its company name, creates a false impression in consumers that the “natural” products will not contain any unnatural ingredients.  However, the complaint alleges, the actual ingredients that comprise THC’s products are largely synthetic and “many of these ingredients [] exceed[] the [Environmental Working Group’s] ‘low hazard’ threshold.”  The plaintiffs seek to certify a class of consumers in the United States who have purchased THC’s products.

Protect Yourself

We have recently blogged about the Federal Trade Commission’s (“FTC”) efforts to police the “natural” advertising space.  Professional class action plaintiffs’ attorneys have seized upon the FTC’s vigilance and have commenced numerous class actions targeting manufacturers who advertise their products as “natural.”  With the prospect of significant regulatory and legal liability at stake, it is more important than ever to speak with an experienced attorney before launching any “all natural” advertising campaign.

If you are interested in learning more about this topic, please visit the Telemarketing Law practice area of our website.  If you have been served with process concerning your marketing practices in general, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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