Status: In progress

Pina, et al. v. Avocado Mattress LLC

Avocado allegedly misrepresents its mattresses as being free of synthetic and toxic chemicals.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Anne Bucher  |  May 4, 2023

Category: Household

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A woman sleeps peacefully in her bed, representing the Avocado class action lawsuit
(Photo Credit: Prostock-studio/Shutterstock)

Avocado mattress lawsuit overview:

  • Who: Plaintiffs Akeem Pina and Richard Roberts filed a class action lawsuit against Avocado Mattress LLC.
  • Why: Avocado allegedly misrepresents its mattresses as being free of synthetic and toxic chemicals.
  • Where: The Avocado mattress lawsuit was filed in California federal court.
  • What are my options: Consumers may be interested in bedding and furniture from Castlery.

Avocado Mattress LLC falsely advertises its products as being free of synthetic and toxic chemicals, according to a class action lawsuit filed April 28 in California federal court.

Avocado sells latex mattresses, pillows, and mattresses on the website avocadogreenmattress.com, the class action lawsuit says. The company allegedly claims it was formed with the intention of creating “a green mattress–made from non-toxic, natural, and organic materials.”

However, despite the company’s claims, the Avocado class action says, its products contain synthetic, toxic chemicals.

“At virtually every stage of the latex manufacturing process — from harvesting and stabilization to vulcanization and drying — Avocado uses synthetic chemicals to create its products,” the Avocado mattress lawsuit states.

Avocado mattress lawsuit says lab testing confirms products contain harmful chemicals

Laboratory testing reportedly confirmed that the Avocado mattress contains synthetic chemicals including Wingstay-L, Pentyl Furan, ZDEC, MBT/MBTS, DPG and naphthenic hydrocarbon oils, which may pose significant health problems and environmental effects.

Because Avocado reportedly claims it controls the entire production chain for its products, the company cannot claim ignorance about the presence of synthetic and toxic chemicals, according to the Avocado mattress lawsuit.

“Avocado intended to mislead consumers with its false advertising, and it has done so for years,” the Avocado mattress lawsuit states.

Plaintiffs claim they relied on Avocado’s misrepresentations when purchasing the products

Plaintiffs Akeem Pina and Richard Roberts each claim that they reviewed Avocado Mattress’s marketing materials that represented the company’s products as “natural,” “organic,” “non-toxic,” “certified organic,” “healthy,” “eco” and “green.”

The plaintiffs say had they known these representations were false or misleading, they would not have purchased the products, or would have paid less for them.

The Avocado class action asserts claims for fraud, deceit and/or misrepresentation; violation of the California Consumers Legal Remedies Act; false advertising; negligent misrepresentation; unfair, unlawful, and deceptive trade practices; unjust enrichment; and breach of contract.

Mattress Firm recently agreed to pay nearly $5 million to settle a class action lawsuit alleging certain Bed Tech bed frames are defective.

What do you think of the Avocado mattress lawsuit allegations that the products are falsely advertised as being free of toxins? Join the discussion in the comments!

Pina and Roberts are represented by Seth A. Safier and Todd Kennedy of Gutride Safier LLP.

The Avocado class action lawsuit is Akeem Pina, et al. v. Avocado Mattress LLC, Case No. 3:23-cv-02072-AGT, in the U.S. District Court for the Northern District of California.


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23 thoughts onClass action lawsuit claims Avocado Mattress’ ‘green’ products contain synthetic chemicals

  1. Mike Yerbich says:

    Add me please

  2. Elle says:

    I don’t have a lot of money. I have an autoimmune disease. I was so careful to research before purchasing 2 Avocado mattresses. I need my money back so I can purchase mattresses that are ACTUALLY safe.

  3. Ellen says:

    please add me

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