Kohl’s class action claims retailer falsely advertises bamboo products

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 Kohl’s bamboo class action overview: 

• Who: A Florida consumer is suing Kohl’s. 
• Why: The plaintiff says the company falsely represented that some of its sheets are made of bamboo when they are made of rayon.
• Where: The Kohl’s bamboo class action was filed in a Wisconsin federal court.
• What are my options: Try Castlery for alternative sheets and bedding options.

Kohl’s sells sheets that are represented as being made from bamboo fibers when they consist mainly of materials other than bamboo, a new class action lawsuit alleges.

Plaintiff Lorraine Dougherty filed the class action lawsuit against Kohl’s Inc. on April 7 in a Wisconsin federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Kohl’s markets the sheets as being made of bamboo to appeal to the growing number of consumers who value environmentally friendly materials, as bamboo is a natural grass that grows quickly with little relative need for fertilizer, pesticides and water. 

However, the representations are misleading because the sheets are not made of bamboo fibers, but rayon, a manufactured fiber composed of regenerated cellulose, the lawsuit states.

“The labeling and advertising of the Products is contrary to federal regulations which require the fibers be identified with the generic name of rayon.”

Sheets were sold under multiple brands, lawsuit states

Kohl’s sells products labeled as bamboo under numerous store brands, including Happitat and Simply Vera (Vera Wang), as well as national brands, the lawsuit states.

On the sheets, the company promotes the environmental benefits of bamboo, even though the products are made from rayon, the lawsuit states.

“For instance, it describes one mattress pad purporting to be bamboo as appealing to the purchaser’s ‘desire to help the planet.’”

These environmental claims are misleading because manufacturing cellulose products like rayon emits hazardous air pollutants, Dougherty says.

As a result, the plaintiff is suing on behalf of a class of consumers who purchased the products in Florida, plus a multi-state class of consumers from Iowa, Idaho, Montana, Wisconsin and Arizona.

She is suing for violation of state consumer laws, breach of warranty, negligent misrepresentation, fraud and unjust enrichment. She seeks certification of the class action, damages, fees, costs and a jury trial.

Last year, Walmart and Kohl’s agreed to pay $5.5 million to end federal allegations that they marketed their rayon-based homewares like sheets and blankets as “eco-friendly” when in fact the bamboo used to make the products was treated with toxic chemicals to be turned to rayon.

What do you think of the allegations against Kohl’s? Let us know in the comments. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates. 

The Kohl’s class action lawsuit is Lorraine Dougherty, et al. v. Kohl’s Inc., Case No. 2:23-cv-00456 in the U.S. District Court for the Eastern District of Wisconsin. 

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