Plaintiffs Fight Dismissal of Honest Co. Labeling Class Action Lawsuit

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Earlier this week, attorneys representing plaintiffs in a false advertising class action lawsuit against Jessica Alba’s The Honest Company urged a judge not to dismiss the case.

The Honest Company class action lawsuit asserts that the personal care products company falsely advertised some of its products as “natural” even though they contain synthetic ingredients.

On July 6, The Honest Company asked U.S. District Judge Victor Marrero to dismiss the mislabeling class action lawsuit, asserting that plaintiffs Manon and Brad Buonasera do not have standing to bring any claims against The Honest Company except as they relate to the two products they say they purchased: The Honest Company’s Conditioning Detangler and Shampoo + Body Wash.

The Buonaseras allege that they relied on representations that The Honest Co.’s products were “natural,” “plant-based” and contained “no harsh chemicals, ever!”. However, the products contain a “spectacular array of synthetic and toxic ingredients,” the mislabeling class action lawsuit states. The plaintiffs claim they would not have purchased the products if they had known they contained harsh chemicals.

The Buonaseras filed the Honest Company class action lawsuit on behalf of themselves and a Class of New York consumers who purchased Honest Company products that were allegedly deceptively labeled as “natural,” “plant-based” and/or “harsh,” but which actually contained synthetic ingredients.

In its motion to dismiss, The Honest Company argued that the plaintiffs do not have standing to pursue claims related to the other 39 products listed in the false advertising class action lawsuit. The company also argued that the terms “natural,” “plant-based” and “harsh” are concepts that are too nebulous to be deceptive.

On Tuesday, the plaintiffs responded that The Honest Company shouldn’t be able to get the mislabeling class action lawsuit dismissed at such an early stage, and that the question of whether the plaintiffs can pursue claims related to products they didn’t purchase should be handled during the Class certification stage.

Further, the plaintiffs argue that the 2nd U.S. Circuit Court of Appeals has held that plaintiffs can bring claims related to products they didn’t purchase, as long as the products meet certain conditions, such as a substantial similarity between the purchased products and those that were not purchased. Therefore, the Honest Company class action lawsuit should not be dismissed at this stage, they claim.

The Buonaseras also argue that the issue of whether the label is deceptive or misleading is a factual question that cannot be addressed in a motion to dismiss.

The Buonaseras are represented by Yvette Golan of the Golan Law Firm, Kim Richman of the Richman Law Group, Todd S. Garber and D. Gregory Blankinship of Finkelstein Blankinship Frei-Pearson & Garbor LLP, and Beth Terrell and Samuel Strauss of Terrell Marshall Daudt & Willie PLLC.

The Honest Company Natural Labeling Class Action Lawsuit is Buonasera, et al. v. The Honest Co. Inc., Case No. 7:16-cv-01125, in the U.S. District Court for the Southern District of New York.

UPDATE: On June 30, 2017, Jessica Alba’s The Honest Co. Inc. agreed to pay $7.35 million to settle four class action lawsuits accusing it of falsely marketing its products as “all natural.”

UPDATE 2: The Honest Company mislabeling class action settlement is now open. Click here to file a claim.

UPDATE 3: On Feb. 26, 2018, Top Class Actions viewers who filed a valid claim for The Honest Company mislabeling class action settlement started receiving checks in the mail worth as much as $210.25.