Dove class action over ‘gentle’ body wash claims to proceed

Update:

• A New York federal judge ruled Unilever must face claims it violated New York General Business Law by labeling a line of its Dove brand body wash as “microbiome gentle.” 
• Plaintiff Aliyah Anderson claims the Dove body wash is not “microbiome gentle” but, rather, deceptively labeled by Unilever.
• Unilever had asked that the class action claims be dismissed, arguing that the labeling on the Dove product was not misleading.
• U.S. District Judge Kenneth M. Karas trimmed a number of other claims from the class action lawsuit, including unjust enrichment and fraud, among other things, but allowed the deceptive labeling claim to proceed. 
• The complaint was first filed in April 2021 and amended in September. 

(April 12, 2021)

A Dove body wash marketed as being “microbiome gentle” and containing “skin-natural nourishers” in fact contains multiple ingredients that trigger skin reactions, a new lawsuit alleges.

In a class action lawsuit filed Saturday in New York federal court, Plaintiff Aliyah Anderson alleges that Dove manufacturer Unilever violated multiple state and federal laws through the marketing of its Dove Deep Moisture Bodywash.

Anderson says the company touts the product’s benefits for the skin microbiome, encouraging people to buy it in order to “start your year with a healthy microbiome.” 

“However, the product is not ‘microbiome gentle’ because it contains numerous ingredients which trigger negative skin reactions,” the lawsuit says.

The main ingredient of the body wash, after water, is cocamidopropyl betaine (CAPB), the lawsuit states, which is restricted in cosmetics and is unsafe when it is not thoroughly rinsed off the skin, according to the environmental nonprofit Environmental Working Group. The class action claims CAPB is a common trigger for skin conditions such as eczema, psoriasis, rosacea and contact dermatitis, as well as eye irritation. 

Unilever also markets the product as containing “skin-natural nourishers,” which makes consumers think the product is natural, even though it contains synthetic ingredients, the lawsuit says. 

The lawsuit includes an image of the product ingredients, highlighting seven ingredients it alleges are not natural, and are instead made through chemical reactions.

New York resident Aliyah Anderson claims she bought Dove Deep Moisture Bodywash on one or more occasions in 2020, at least once from a Costco. 

Anderson wanted to buy a product with the qualities advertised on the label of the body wash, so was willing to pay a premium for it — no less than $5.99 for a 22 OZ bottle. However, she says she would not have paid as much if Unilever had not made “false and misleading statements and omissions” on its packaging.

The lawsuit cites consumers’ growing desire to buy natural cosmetics, with more people — especially millennials — becoming concerned about synthetic ingredients in cosmetics.

“[Unilever] misrepresented the products through affirmative statements, half-truths, and omissions,” the lawsuit says. “[It] sold more of the product and at a higher price than it would have in absence of this misconduct, resulting in additional profits at the expense of consumers.”

Anderson is suing under New York General Business Law consumer protection statutes, as well as for breach of warranty, fraud and unjust enrichment. 

She’s looking to represent a Class of New York residents who bought the body wash and is seeking certification of the Class, an injunction forcing Unilever to correct its alleged illegal practices, damages, costs, fees and a jury trial. 

British-Dutch consumer goods company Unilever is a well-known global brand that produces many of the household items we are all familiar with, such as Dove, Lipton and Ben & Jerry’s. 

Over the years the multinational corporation has found itself facing consumer backlash and criticism regarding the operations of the company and the quality of the products, which have led to a range of class action lawsuits being filed. 

Right now, Unilever is facing multiple lawsuits over allegations that its TRESemmé keratin shampoo and conditioner causes scalp irritation and hair loss. For the latest news on Unilever class action lawsuits, click here. 

Have you bought Dove body wash? Let us know what you think of this lawsuit in the comments!  

Anderson is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Unilever Body Wash Class Action Lawsuit is Aliyah Anderson et al, v. Unilever United States, Case No. 7:21-cv-03117, in the United States District Court for the Southern District of New York.

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