Settlement Reached Over Earth Friendly Products ‘Natural’ Labeling

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Last week, the parties in a class action lawsuit alleging that the cleaning products company, Venus Laboratories Inc. dba Earth Friendly Products Inc., misled consumers with “natural” labeling came to an agreement to settle the matter.

California residents Rebekah Baharestan and Jena McIntyre filed the Earth Friendly Products class action lawsuit in California federal court, alleging that the labeling on the company’s cleaning products led them to believe that the products were made out of all natural ingredients.

According to the product labeling class action lawsuit, the plaintiffs paid extra based on their belief that the products were all natural. However, the products actually contain multiple synthetic chemicals, including cocamidopropyl betaine, lauryl glucoside and methylisothiazolinone, or MIT, the class action lawsuit alleges. The plaintiffs claim that MIT is a biocide that has been linked to an “epidemic” of allergic reactions.

According to documents filed in California federal court, Earth Friendly has agreed to change its labeling and will pay up to $925,000 to settle the product labeling class action lawsuit. The settlement agreement obtained preliminary approval from the California federal court on Nov. 5, 2015.

According to court documents, the minimum value of the settlement is $850,000 as well as attorneys’ fees and the cost of notifying Class Members. Class Members include thousands of consumers across the United States who purchased Earth Friendly Products Inc.’s laundry detergents, odor removers, dishwashing liquids and other cleaning products.

According to settlement documents, the Class includes “[a]ll persons who, during the Class Period, both resided in the United States and purchased in the United States any of the Earth Friendly Products for their household use or personal consumption and not for resale. Excluded from the Settlement Class are: (a) Venus’s board members or executive-level officers, including its attorneys; (b) governmental entities; (c) the Court, the Court’s immediate family, and the Court staff; and (d) any person that timely and properly excludes himself or herself from the Settlement Class in accordance with the procedures approved by the Court.”

Earth Friendly Products does not admit their labels are deceptive; however, the company has agreed to alter its labels under the terms of the class action settlement. Specifically, Earth Friendly has agreed to limit its use of the terms “all-natural” and “100% natural” to claims that have been confirmed by independent third parties.

Additionally, the company is prohibited from labeling its cleaning products as “organic” unless the products meet U.S. Department of Agriculture standards or state standards, including the California Organic Produce Act. Earth Friendly is also required to remove MIT from all its products, as much as possible, and attempt to find an alternative ingredient.

A similar class action lawsuit was filed against baby product maker Kimberly-Clark Corp. in California federal court shortly after the Earth Friendly class action was filed. The Kimberly-Clark Corp. class action accuses the company of using the MIT ingredient in Huggies brand diapers and wipes, but falsely marketing the diapers and wipes as “natural.”

More information about how to file a claim for the Earth Friendly Products class action settlement was not immediately available.  Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Mark N. Todzo, Abigail Dana Blodgett of Lexington Law Group LLP and Melissa Weiner Wolchansky of Halunen And Associates.

The Earth Friendly Products Class Action Lawsuit case is Baharestan, et al. v. Venus Laboratories Inc., dba Earth Friendly Products Inc., Case. No. 3:15-cv-03578, in the U.S. District Court for the Northern District of California.

UPDATE: On Mar. 17, 2016, according to the settlement website, the court granted final approval of the settlement on Mar. 16, 2016. Those who submitted a valid and timely Claim Form should be mailed a check on May 20, 2016.

UPDATE 2: On May 23, 2016, Top Class Actions readers started receiving checks worth as much as $24 from the Earth Friendly class action settlement.