Herbal Essences Class Action Says Wild Naturals Hair Care Line is Deceptively Mislabeled

Two plaintiffs claim the “natural” labeling on Herbal Essences Wild Naturals hair care line misleads consumers at their own expense.

Plaintiffs Tom Takano and Tracy McCarthy are challenging the labeling on Herbal Essences Wild Naturals products, marketed by defendant The Procter & Gamble Company.

According to the plaintiffs, these products are falsely advertised as “natural” even though they contain many ingredients that are purportedly synthetic.

The alleged deception starts with the use of the word “naturals” in the products’ names, the plaintiffs say. Takano and McCarthy provide images of the labels on several different Herbal Essences Wild Naturals products, which promise different natural-sounding ingredients like cassia, seaberry, Turkish fig, and Thai lemon basil.

But while these ingredients appear prominently on the products’ front-facing labels, the back-facing labels list many ingredients that a reasonable consumer would not consider “natural,” the plaintiffs claim.

Takano and McCarthy list over a dozen allegedly synthetic ingredients that they say are found in various Herbal Essences Wild Naturals products. The list includes several chemicals that can be used as preservatives, emulsifiers, foaming agents, lubricants, colorants, and detergents.

Some of these chemicals are known to irritate skin, corrode hair follicles, or trigger allergic reactions, the plaintiffs say. They claim fragrance additives alone may contain over 200 different ingredients, some of which may cause “headaches, dizziness, rash, hyperpigmentation, violent coughing, vomiting, and skin irritation.”

Takano and McCarthy claim Procter & Gamble disclose these ingredients only on the product’s back-facing labels. The allegedly synthetic ingredients are not disclosed on the front-facing labels or on the products’ website.

The plaintiffs say Procter & Gamble use this misleading label to capitalize on consumer demand for natural personal care products. Consumers like themselves are willing to pay a premium for products labeled as “natural,” they claim.

But by putting a “natural” label on products that contain synthetic ingredients, the plaintiffs allege, Procter & Gamble mislead consumers into paying more for the products than they’re actually worth.

Both plaintiffs say they relied on the “natural” representations at issue when they chose to purchase Herbal Essences Wild Naturals products. Takano says he bought Wild Naturals Detoxifying Shampoo in California on several occasions during the past two years. McCarthy says she bought Herbal Essences Detoxifying Intensive Treatment in New York.

Both plaintiffs say they understood the “natural” representations on the products’ labels to mean that the products contain exclusively natural ingredients. They claim they would not have purchased the products had they known they contained ingredients that are not natural.

The plaintiffs’ Herbal Essences Wild Naturals class action lawsuit lists nine specific shampoos, conditioners and hair treatments sold under the Herbal Essences Wild Naturals brand. Plaintiffs note that this list is not exclusive.

Takano and McCarthy are proposing a plaintiff Class that would cover all persons in the U.S. who purchased Herbal Essences Wild Naturals products within the past four years. They also propose subclasses that would represent Class Members from their respective home states of California and New York.

They are asking the court to award compensatory and punitive damages, restitution, expenses and attorneys’ fees, all with pre- and post-judgment interest.

The plaintiffs are represented by attorneys Yeremey Krivoshey, L. Timothy Fisher, Joel D. Smith and Scott A. Bursor of Bursor & Fisher PA.

The Herbal Essences Wild Naturals Class Action Lawsuit is Tom Takano, et al. v. The Procter & Gamble Co., Case No. 2:17-cv-00385, in the U.S. District Court for the Eastern District of California.

UPDATE: On Oct. 23, 2018, the consumers alleging that Proctor & Gamble falsely advertises its Herbal Essences Wild Naturals hair care line overcame an effort to dismiss the class action lawsuit.