Burt’s Bees, CoverGirl Class Action Alleges Products Contain PFAS Despite Being Represented As Natural, Safe

Burt’s Bees, CoverGirl PFAS Class Action Lawsuits Overview: 

• Who: Caroline Spindel and Yeraldinne Solis filed class action lawsuits against Burt’s Bees, Inc. and its parent The Clorox Company, and CoverGirl Cosmetics and its owner Coty, Inc., respectively. 
• Why: Spindel and Solis collectively claim Burt’s Bees and CoverGirl sell products containing per- and polyfluoroalkyl substances (PFAS). 
• Where: The class action lawsuits were filed in California federal courts. 

A pair of class action lawsuits have been filed collectively against Burt’s Bees and CoverGirl Cosmetics over the alleged presence of per- and polyfluoroalkyl substances (PFAS) in their products. 

Plaintiff Caroline Spindel claims Burt’s Bees advertises that its products are “100% Natural” despite them containing organofluorine, which she says indicates that they contain PFAS.

“Far from being a ‘natural’ ingredient, PFAS are a group of synthetic chemicals known to be toxic to humans, even at very low levels,” Spindel’s class action lawsuit states. 

PFAS are a group of synthetic chemicals that are harmful to both humans and the environment, according to the class action lawsuits. 

Spindel claims Burt’s Bees labels its products as being “100% Natural” to mislead consumers into believing they are not “made with synthetic, toxic chemicals like PFAS.” 

“In sum, Burt’s Bees is deceiving consumers into believing the Products are made without any unnatural chemicals when in fact some of them contain indicators of PFAS, which are synthetic,” Spindel’s class action lawsuit states. 

Spindel wants to represent a nationwide class and New York subclass of consumers who have purchased Burt’s Bees products. She claims Burt’s Bees is guilty of unjust enrichment and breach of express warranty, and in violation of New York General Business Law. 

CoverGirl Markets Products With PFAS As ‘Safe,’ ‘Sustainable’

Plaintiff Yeraldinne Solis, meanwhile, claims CoverGirl sells products containing PFAS despite advertising that they are “sustainable” and “safe.” 

Solis argues the fact CoverGirl fails to disclose the presence of PFAS is especially bad since it advises consumers to apply its products “throughout the day” and claims it is “suitable for sensitive skin” and “dermatologically tested.” 

“Even more disconcerting, Defendants’ advertising shows the Product employed directly on the face as set out below, despite research that shows that exposure near the eyes and mouth increases the likelihood and hence risk of absorption and ingestion,” Solis’ class action lawsuit states. 

Solis wants to represent a nationwide class and California subclass of consumers who have purchased CoverGirl products. 

Solis claims CoverGirl is guilty of negligent failure to warn, unjust enrichment and fraud, among other things, and in violation of the Magnuson-Moss Warranty Act, and California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law, among other things. 

Spindel and Solis are both demanding a jury trial and requesting declaratory relief along with a number of damages for themselves and all class members. 

A similar class action lawsuit was filed against L’Oreal earlier this month over claims the company failed to disclose that its waterproof mascara product contains PFAS. 

Have you purchased CoverGirl or Burt’s Bees products? Let us know in the comments! 

The plaintiffs are collectively represented by L. Timothy Fisher of Bursor & Fisher, P.A., and Kim E. Richman of Richman Law & Policy.

The Burt’s Bees, CoverGirl PFAS Class Action Lawsuits are Spindel v. Burt’s Bees, Inc., et al., Case No. 4:22-cv-01928, in the U.S. District Court for the Northern District of California; and Solis v. Covergirl Cosmetics, et al., Case No. 3:22-cv-00400, in the U.S. District Court for the Southern District of California.

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