Clearly Natural Essentials Soap Maker Wants False Labeling Class Action Tossed

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The maker of Clearly Natural Essentials soap is seeking to toss a proposed class action lawsuit that alleges the company falsely labeled its products.

Beaumont Products Inc. told a New York federal judge Tuesday that there are several flaws in plaintiff Silvio Ciancio’s claims that warrant dismissal in their entirety.

First, the soap maker argues that Ciancio does not explain how a product labeled “Glycerine Soap” could be a natural product, nor does he allege that any constituent ingredients contained in the Clearly Natural Essentials soap products were omitted from the label.

“Plaintiff does not point to any government standards with respect to the use of the term ‘natural,’” the company said.

Therefore, Ciancio’s assertion that Beaumont purposely misled him and other consumers into believing that the Clearly Natural Essentials soap products were “Pure and Natural” when they contain synthetic ingredients is deficient and is merely his own personal legal conclusion.

Next, Beaumont takes on Ciancio’s request for injunctive relief. The soap maker argues the plaintiff’s claim for injunctive relief fails because Ciancio does not allege his injuries are continuing, or that they can even continue.

The motion states that while Ciancio admits he would purchase the Clearly Natural Essentials products again if the ingredients were changed, he actually never states he would continue to buy the allegedly deceptive soaps as they are currently. According to Beaumont, this conveys that Ciancio has not pled the likelihood he would suffer future harm.

Also, Beaumont says that Ciancio claims invoking state consumer protection statutes, and breach of express warranty, should be dismissed because the complaint fails to allege facts sufficient to confer proper standing.

Similarly, the company argues that Ciancio inappropriately invokes the consumer protection statutes of states where he doesn’t reside and therefore he can’t claim that he suffered any harm from purchasing or using Clearly Natural Essentials soap products.

“Plaintiff alleges similar common law claims for breach of express warranty without having suffered any alleged harm in any jurisdiction except New York,” Beaumont said. “Plaintiff’s failure to allege that he suffered injury in any jurisdiction except New York with respect to such claims must result in their dismissal, because plaintiff lacks standing to raise them.”

In October 2016, Ciancio filed the class action lawsuit against Beaumont for allegedly falsely advertising its Clearly Natural Essentials soap products – including Pure and Natural Tea Tree Glycerine Soap, Pure and Natural Lemon Glycerine Hand Soap, and Pure and Natural Glycerine Body Lotion – as “Clearly Natural” and “Pure and Natural” when they actually contain synthetic ingredients including sodium citrate, tocopherol, decyl glucoside, and phenoxyethanol.

Specifically, Ciancio claims that the labeling of Clearly Natural Essentials soap products intentionally misleads health-conscious consumers under pretense that its products are entirely natural when they are in fact artificial.

The proposed Class is represented by Jason P. Sultzer, Joseph Lipari and Adam Gonnelli of the Sultzer Law Group PC.

The Clearly Natural Essentials Deceptive Marketing Class Action Lawsuit is Silvio Ciancio v. Beaumont Products Inc., Case No. 7:16-cv-08124, in the U.S. District Court for the Southern District of New York.