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Two California plaintiffs say deodorant sold under the JASON brand contains synthetic ingredients, contrary to its label’s claim that it is “natural.”
Plaintiffs Makinde Pecanha and Shaun Ray Bell both say they purchased JASON deodorant sticks specifically because the labeling on their packages said the product was “natural.” That assurance led them to understand that JASON deodorant does not contain any synthetic ingredients, they allege.
They later found out that JASON deodorant contains synthetic ingredients, ones that no reasonable consumer would consider “natural,” according to this JASON deodorant class action lawsuit. Pecanha and Bell now argue the presence of these synthetic ingredients renders the product’s labeling false and misleading in violation of California consumer protection laws.
The JASON brand is owned by defendant Hain Celestial Group Inc., a New York-based company that markets food and personal care products under various brand names.
Pecanha and Bell list six specific varieties of deodorant at issue in this JASON class action lawsuit: Unscented (Men and Women), Purifying Tea Tree, Soothing Aloe Vera, Nourishing Apricot, Fragrance Free, and Calming Lavender.
The JASON deodorant class action lawsuit shows pictures of some of the labeling at issue, showing indicators like “Naturally Fresh,” “Pure Natural Deodorant,” and “Pure Natural Deodorant Stick.” One label bears the phrase “Natural Pioneer Since 1959.”
Other promotional materials make further assurances that JASON products offer high-quality, natural content, plaintiff say. The company allegedly states that “the list of synthetics and chemicals the JASON brand chooses not to use in formulations is ever expanding.”
Representations like these would lead a reasonable consumer to believe JASON deodorant doesn’t contain any artificial ingredients, the plaintiffs claim. Yet they say that each variety of JASON deodorant contains ingredients that a reasonable consumer would not expect to find in a “natural” product.
For example, tocopherol acetate is “a synthetic, inert ingredient which is used pre- and post-harvest as an ingredient in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest,” the plaintiffs say.
Glycerin is a texturizer produced through a complex, factory-based process, and ethylhexylglycerin is a synthetic compound linked to dermatitis and eye irritation.
This action is not the first time Hain Celestial Group has faced accusations of mislabeling its JASON products. In May of this year, plaintiff Lori D. Gordon secured preliminary court approval of a $1.1 million settlement with Hain Celestial Group to resolve allegations that it falsely labeled some of its shampoos, conditioners and body washes as being free from sodium lauryl sulfate. Independent testing allegedly found ample amounts of SLS in the JASON products at issue.
Gordon’s JASON class action settlement is still accepting claims from qualifying Class Members.
Pecanha and Bell plan on representing a plaintiff Class that would cover all persons in the U.S. who purchased the JASON deodorant sticks at issue here within the applicable statutory limitations period. They also propose a subclass consisting of Class Members from California.
They seek an award of statutory, compensatory, treble, and punitive damages, an injunction barring the defendant from continuing the allegedly false advertising at issue, restitution and other equitable monetary relief, as well as court costs and attorneys’ fees, all with applicable interest.
The plaintiffs are represented by attorneys L. Timothy Fisher, Joel D. Smith and Yeremey O. Krivoshey of Bursor & Fisher PA, and by Reuben D. Nathan of Nathan & Associates APC.
The JASON Deodorant Mislabeling Class Action Lawsuit is Pecanha and Bell v. The Hain Celestial Group Inc., Case No. 3:17-cv-04517, in the U.S. District Court for the Northern District of California.
UPDATE: On Jan. 26, 2018, a federal judge allowed a JASON natural products labeling class action to continue, saying issues remain that ought to be decided by a jury.
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