H&M class action alleges ‘Conscious Choice’ products not more sustainable, environmentally friendly

H&M class action lawsuit overview:

• Who: Plaintiffs Abraham Lizama and Marc Doten filed a class action lawsuit against H&M Hennes & Mauritz LP.
• Why: H&M deceptively markets its “Conscious Choice” collection as sustainable even though the clothing line allegedly is not environmentally friendly.
• Where: The H&M class action lawsuit was filed in Missouri federal court.
• UPDATE: The case was voluntarily dismissed on May 12, 2023. The judge ruled that Doten’s claims lacked personal jurisdiction, and Lizama failed to state claims against defendant.

H&M Hennes & Mauritz LP misrepresents its “Conscious Choice” clothing collection as being sustainable, according to a class action lawsuit filed Nov. 3 in Missouri federal court.

Plaintiffs Abraham Lizama and Marc Doten point out that consumers have become more aware of the impact of clothing on the environment in recent years. As a result, they say consumer demand for “green” products that are environmentally friendly and sustainable has increased.

“Consumers seek, and will pay a premium for, products that are responsibly made, including products that will not negatively affect the environment,” the H&M class action lawsuit says.

To take advantage of this trend, H&M launched a “Conscious Choice” collection that purportedly includes clothing that is made from sustainable and environmentally friendly materials.

However, the products in the H&M Conscious Choice collection do not live up to the hype, the plaintiffs allege.

H&M Conscious Choice items made with recycled polyester that will end up in landfill, lawsuit alleges

H&M affixes green tags to the clothing in its Conscious Choice collection that indicate the product is more sustainable and list the percentage of recycled polyester in the product.  However, H&M fails to inform consumers that recycled polyester “is a one-way street to landfill or incineration” because recycling polyester causes the fiber to lose its strength, the H&M class action states.

The marketing and labeling of this clothing line misleads consumers into thinking the products are more sustainable even though they allegedly are not made from sustainable and environmentally friendly materials, according to the lawsuit.

Lizama and Doten claim that they would not have purchased clothing from the H&M Conscious Choice collection had they known it was not made from sustainable and/or environmentally friendly materials.

The H&M class action lawsuit asserts claims for violations of the Missouri Merchandising Practices Act, California’s Consumer Legal Remedies Act, California’s False Advertising Law, California’s Unfair Competition Law, unjust enrichment, negligent misrepresentation and fraud.

A consumer filed a separate H&M class action lawsuit over the summer, alleging the clothing company touts “Sustainability Profiles” on its website that include falsified data about the products.

Have you purchased clothing from the H&M Conscious Choice collection? Tell us what you think about the allegations the products are not actually environmentally friendly!

The plaintiffs are represented by Daniel J. Orlowsky of Orlowsky Law LLC and Adam M. Goffstein of Goffstein Law LLC.

The H&M Conscious Choice class action lawsuit is Abraham Lizama, et al. v. H&M Hennes & Mauritz LP, Case No. 4:22-cv-01170, in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

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