H&M class action alleges ‘sustainability profiles’ use false, misleading data

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H&M class action lawsuit overview:

• Who: Plaintiff Chelsea Commodore has filed a class action lawsuit against H&M.
• Why: H&M allegedly misleads consumers with “sustainability profiles” that include false information about the environmental impact of its products.
• Where: The H&M class action lawsuit was filed in New York federal court.

H&M Hennes & Mauritz LP misleads consumers about the sustainability and eco-friendliness of its products, according to an H&M class action lawsuit filed July 22 in New York federal court.

Plaintiff Chelsea Commodore claims that H&M’s fast-fashion business model has suffered in recent years as consumers become more inclined to purchase products marketed as sustainable.

“The goal of H&M’s advertising scheme is to market and sell products that capitalize on the growing segment of consumers who care about the environment, but H&M does so in a misleading and deceptive way,” the H&M class action lawsuit asserts.

H&M class action alleges ‘sustainability profiles’ contain falsified data

In an effort to attract more customers, H&M prominently touts “Sustainability Profiles” on its website, which were allegedly included on product listings for hundreds of H&M products, according to the H&M class action lawsuit.

However, these “Sustainability Profiles” allegedly include falsified information that does not match the underlying data.

“For example, one Sustainability Profile claimed that a dress was made with 20% less water on average, when it was actually made with 20% more water,” Commodore alleges in the H&M class action lawsuit.

Many ‘sustainable’ H&M products end up in landfill, H&M class action says

H&M also misleads consumers into thinking that it will prevent its textiles “from going to landfill” because it purportedly recycles many of the products, Commodore alleges. However, she asserts that many of H&M’s purportedly recyclable items cannot be recycled, or cannot be recycled at scale.

“The sheer volume of textiles produced by H&M, one of the world’s largest retailers, is unworkable,” the H&M class action lawsuit says. “It would take H&M more than a decade to recycle what it sells in a matter of days.”

Approximately 35% of H&M products collected are recycled into carpet padding, insulation, or painters’ cloths, the H&M class action lawsuit alleges. The remaining products allegedly wind up in second-hand stores, landfills, and incinerators.

Commodore asserts claims for unjust enrichment and violations of New York’s consumer protection laws.

Recently, H&M agreed to pay $36 million to settle allegations that it unlawfully kept millions of dollars in unused gift card funds.

Do the allegations in the H&M class action lawsuit about falsified Sustainability Profiles influence your decision to buy clothing from the retailer in the future? Let us know in the comments!

Commodore is represented by L. Timothy Fisher, Neal J. Deckant, Elvia M. Lopez, and Sean L. Litteral of Bursor & Fisher PA.

The H&M Class Action Lawsuit is Chelsea Commodore v. H&M Hennes & Mauritz LP, Case No. 7:22-cv-06247, in the U.S. District Court for the Southern District of New York.

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