Tom’s of Maine Class Action Challenges Deodorant’s ‘Natural’ Claims

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Two consumers have filed a class action lawsuit alleging Tom’s of Maine deodorant contains ingredients that are not natural, despite being advertised as such.

Plaintiffs Anne de Lacour of Florida and Andrea Wright of California filed the lawsuit Thursday in New York federal court against Colgate-Palmolive Co. over its Tom’s of Maine all natural deodorant products.

Both plaintiffs say they were regular purchasers of Tom’s of Maine deodorants, believing the products contained all natural ingredients.

Specifically, the consumers state that they relied on the representations on the product labels, thinking that they were purchasing deodorants made with natural ingredients.

Had they known the deodorants contained synthetic and chemically processed ingredients and “not in fact natural,” they would not have purchased the products, the lawsuit states.

The lawsuit claims Tom’s of Maine advertises its personal care products as “natural,” but they contain “ingredients that are synthetic and highly chemically processed,” including sodium lauryl sulfate and glycerin.

Sodium lauryl sulfate and glycerin are listed as ingredients in many of Tom’s of Maine products including in its toothpaste, soaps, and lotion products, the lawsuit contends.

Sodium lauryl sulfate is a surfactant, detergent, and emulsifier that is sulfated and neutralized through chemical processing. Glycerin is an emollient, that according to the FDA, is a synthetic substance.

“Defendants’ representations that their Products are ‘natural’ are false and misleading because each of the Products contains at least one, and in most instances, several, ingredients that are synthetic or highly chemically processed,” the complaint states.

Wright and de Lacour take issue with Tom’s of Maine misleading and deceptive advertising practices, claiming the company plaster their deodorant products labels and website with claims and images related to the “natural” nature of the deodorant in order to capitalize on the growing market for natural products.

The plaintiffs seek to certify a nationwide Class of all purchasers of the Tom’s of Maine products on or after Sept. 24, 2015 as well as California and Florida subclasses.

They are asking the court to award damages in the form of “reimbursement of the premium Plaintiffs and the class members paid based on Defendant’ misrepresentations” along with equitable and injunctive relief.

This is not the first time Colgate-Palmolive’s Tom’s of Maine brand has been accused of misleading or false advertising.

In March 2015, eight plaintiffs brought a similar nationwide class action lawsuit against Tom’s of Maine alleging the company mislabeled certain beauty and personal care products, including deodorants, toothpastes, and lip balms as natural when they allegedly contained chemical products.

That false advertising class action lawsuit was later settled for $4.5 million, with Tom’s of Maine denying any wrongdoing.

The plaintiffs are represented by Joshua D. Arisohn, Scott A. Bursor, and Philip L. Fraietta of Bursor & Fisher PA.

The Tom’s of Maine Natural Deodorant Class Action Lawsuit is Anne de Lacour and Andrea Wright v. Colgate-Palmolive Co. and Tom’s of Maine Inc., Case No. 1:16-cv-08364, in the U.S. District Court for the Southern District of New York.

UPDATE: On June 2, 2017, Colgate-Palmolive Co. and its subsidiary Tom’s of Maine Inc. urged the federal judges overseeing their cases alleging improper labeling of “natural” products to stay the class action lawsuits until the U.S. Food and Drug Administration determines how the term “natural” can be used on food labels.