$2.2M Settlement Proposed for Babyganics False Ad Class Action

Three plaintiffs have secured a false advertising class action settlement with the makers of Babyganics baby care products, resolving allegations that the company’s products are not actually organic as advertised.

Plaintiffs Tanya Mayhew, Tanveer Alibhai and Tara Festa submitted the proposed Babyganics false advertising settlement for preliminary court approval last week.

The proposed my Babyganics settlement would resolve the plaintiffs’ allegations that defendant KAS Direct LLC unlawfully misled consumers to believe its Babyganics products are “mineral-based” and made from only organic ingredients.

The defendant makes and markets a line of baby care products under the Babyganics brand that includes shampoo, toothpaste, lotion, sunscreen and rash cream.

Under terms of the proposed Babyganics class action settlement, KAS Direct will set aside a settlement fund worth $2.215 million. This fund will be used to cover payments to qualifying Class Members worth a full refund of all qualifying purchases of Babyganics products for which the claimant can provide proof of purchase.

Class Members who do not have a proof of purchase can be refunded up to 50 percent of the purchase price, and possibly more.

The defendant also agrees to revise the labeling on Babyganics products to remove the term “natural” and to clarify which ingredients are organic and which others are not. They will also publish an explanation of the term “mineral-based” on the company’s website.

This Babyganics class action lawsuit was initiated in September 2016, after the plaintiffs spent a year trying to persuade KAS Direct to change its business practices.

The plaintiffs allege that KAS Direct’s use of the terms “Babyganics” on products that contain non-organic and non-mineral ingredients violates the consumer protection laws of California and New York. Despite labeling that promises an organic product, Babyganics products contain synthetic ingredients that no consumer would consider organic, the Babyganics skincare lawsuit claims.

The “mineral-based” representation that appears on Babyganics sunscreen gives purchasers the impression that the product uses only mineral ingredients like zinc oxide that sit on top the skin and block ultraviolet light, the Babyganics class action states. But in fact, Babyganics sunscreen also contains chemical sunscreen ingredients that permeate the skin, the Babyganics skincare lawsuit claims.

The parties reached the current Babyganics false advertising settlement after a few mediation sessions and several weeks of negotiation.

Top Class Actions will post updates to this my Babyganics settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

If approved by the court, the proposed Babyganics skincare lawsuit settlement Class will cover all persons in the U.S. who purchased any of the Babyganics products at issue during the applicable Class period.

The plaintiffs in the my Babyganics settlement are represented by attorneys Charles J. LaDuca and Katherine Van Dyck of Cuneo Gilbert & LaDuca LLP, Jason P. Sultzer of The Sultzer Law Group PC, and Melissa Wolchansky and Amy E. Boyle of Halunen Law.

The Babyganics False Advertising Settlement is Tanya Mayhew, et al. v. KAS Direct LLC and S.C. Johnson & Son Inc., Case No. 7:16-cv-06981, in the U.S. District Court for the Southern District of New York.

UPDATE: August 2018, the Babyganics lotion, sunscreen, wipes, diapers class action settlement is now open. Click here to file a claim.

UPDATE 2: December 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $340. Congratulations to everyone who filed a claim and got PAID!