H&M class action claims company falsely advertises clothing as recycled, organic

H&M class action lawsuit overview:

• Who: Plaintiff Randall Sally filed a class action lawsuit against H&M Hennes & Mauritz LP.
• Why: H&M allegedly sells clothing with a green tag that falsely advertises the products as being made with recycled and/or organic materials.
• Where: The H&M class action lawsuit was filed in Missouri federal court.

H&M Hennes & Mauritz LP sells clothing with a green tag that falsely advertises the clothing as being made with recycled and/or organic materials, according to an H&M class action lawsuit filed Nov. 15 in Missouri federal court.

The H&M class action lawsuit says the products are made with “virgin synthetic, conventionally grown, and/or non-organic materials” even though the green tag claims they are made with recycled and/or organic materials.

Plaintiff Randall Sally says he purchased H&M products with the green tag because he believed that the clothing was made with recycled and/or organic materials as stated on the tag. He says he would not have purchased the products if he had known the H&M recycled and/or organic advertising was false.

The H&M class action lawsuit notes that consumers are increasingly interested in purchasing “green” products that are made from organic and recycled materials. They are often willing to pay more for “green” products, Sally says.

Testing of clothing products labeled as H&M recycled clothing reportedly found that they contain no recycled materials, according to the complaint. 

H&M class action says retailer should have known ‘organic’ and ‘recycled’ claims were deceptive

H&M should have known that its representations about H&M organic and recycled products were false, deceptive, misleading and unlawful, Sally says. As a result of the alleged misrepresentations, Sally claims that he and other putative class members overpaid for the products.

The H&M class action lawsuit asserts claims for violations of the Missouri Merchandising Practices Act, breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment, negligent misrepresentation and fraud.

This H&M class action lawsuit is not the first to take aim at the retailer’s eco-friendly marketing. Last year, two plaintiffs accused the company of misrepresenting its “Conscious Choice” clothing line as being sustainable, enticing consumers to pay a premium for products that are not actually environmentally friendly.

Have you purchased H&M recycled or organic clothing? Tell us what you think about this H&M class action lawsuit!

Sally is represented by Daniel J. Orlowsky of Orlowsky Law LLC and Adam M. Goffstein of Goffstein Law LLC.

The H&M class action lawsuit is Randall Sally v. H&M Hennes & Mauritz LP, Case No. 4:23-cv-01451, in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

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