ECOS class action alleges products’ ‘non-toxic’ claims inaccurate

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ECOS class action overview: 

• Who: Two consumers of Earth Friendly ECOS-brand cleaning products are suing the company.
• Why: The plaintiffs say the products are falsely represented as being “non-toxic” when they contain toxic phenoxyethanol.
• Where: The class action lawsuit was filed in a Missouri federal court.

Earth Friendly’s ECOS-brand cleaning products say they are “non-toxic,” but actually contain a toxic ingredient that can be lethal in small doses, a new class action lawsuit alleges.

Plaintiffs Delia De Santiago Lizama and Michelle Olsen filed the class action lawsuit against Venus Laboratories Inc. — doing business as Earth Friendly Products — on Aug. 11 in a Missouri federal court, alleging violations of state and federal consumer laws. 

Earth Friendly develops, manufacturers, markets, distributes and sells a variety of household products under its ECOS brand, including a range of all-purpose cleaners, pet shampoos, dish soap and toilet cleaners.

Demand has increased for “green” products that are non-toxic, safe and environmentally friendly, the plaintiffs say.

In an effort to increase profits and to gain an advantage over its competitors, Earth Friendly falsely and misleadingly markets its cleaning products as “non- toxic,” “safer,” “climate positive,” “Earth Friendly” and “sustainable,” the lawsuit alleges. 

“Contrary to these representations, the products are plainly not ‘non-toxic,’ ‘safer,’ and environmentally friendly because the products can cause harm to humans, animals, and/or the environment,” the plaintiffs say.

Earth Friendly ECOS products contain phenoxyethanol, lawsuit alleges

Consumers expect products marketed as “non-toxic” to not contain toxic, harmful, dangerous, and environmentally damaging ingredients, the lawsuit states.

However, phenoxyethanol is allegedly one of the ingredients used in numerous ECOS products. 

“Phenoxyethanol is toxic by definition under federal law, based on animal testing demonstrating that the substance is lethal even in very small doses,” the plaintiffs say. 

They add they paid a premium for the products over comparable products that did not purport to be “non-toxic.” 

The plaintiffs are suing under Missouri and California consumer law and for breach of warranty and fraud. 

They’re looking to represent a class of consumers in the United States who bought Earth Friendly’s ECOS brand products for personal, family or household purposes, plus Missouri and California subclasses.

They’re seeking certification of the class action, damages, fees, costs, an injunction and a jury trial.

In 2015, Venus Laboratories agreed to pay $925,000 and change the labeling on its Earth Friendly cleaning products in order to settle a class action lawsuit.

What do you think of the allegations against Earth Friendly in this class action lawsuit? Let us know your thoughts in the comments. 

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

The Earth Friendly Class Action Lawsuit is Delia De Santiago, et al. v. Venus Laboratories Inc., Case No. 4:22-cv-00841, in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

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