California Baby Class Action Says ‘Natural’ Products Contain Synthetic Ingredients

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California Baby products are deceptively marketed as “natural” or containing “natural cleansers” when they actually contain synthetic ingredients, according to a false advertising class action lawsuit filed last month in New York federal court.

Plaintiff Pamela Suarez filed the California Baby class action lawsuit on Dec. 15 against Ralph Paco & Roberto Inc. and Honky Tots Inc. d/b/a California Baby.

She challenges the marketing and advertising of more than two dozen California Baby products that she claims are marketed to health-conscious consumers as being natural products even though they contain synthetic ingredients.

“Consumers have become increasingly concerned about the effects of synthetic and chemical ingredients in food, cleaning products, bath and beauty products and everyday household products,” Suarez says in the California Baby class action lawsuit. “Companies such as the Defendant have capitalized on consumers’ desire for purportedly ‘natural products.’”

“Indeed, consumers are willing to pay, and have paid, a premium for products branded ‘natural’ over products that contain synthetic ingredients,” the California Baby class action lawsuit continues. “In 2015, sales of natural products grew 9.5% to $180 billion.”

Suarez claims that she and other putative Class Members paid a premium for the so-called “natural” California Baby products over comparable products that did not purport to be “natural” or contain “natural cleansers.”

According to the natural products class action lawsuit, California Baby products with the “natural” or “natural cleansers” label include synthetic ingredients such as: lauryl glucoside, panthenol, decyl glucoside, tocopherol, glyceryl stearate (stearic acid), xanthan gum, titanium dioxide, cetyl alcohol, sodium benzoate and glycerin (vegetable).

Suarez points to guidance from the U.S. Department of Agriculture and definitions by Congress to show that these ingredients qualify as synthetic ingredients and that the “natural” label on the California Baby products is misleading to consumers who cannot be expected to ascertain or verify whether the product is natural, especially at the point of sale.

“Consumers would not know the true nature of the ingredients merely by reading the ingredients label,” the California Baby class action lawsuit says.

Suarez says she purchased California Baby Calendula Shampoo & Body Wash, California Baby Nourishing Cream Luxurious Hydration and California Baby Calming Bubble Bath online or from a retail store in New York.

The packaging on each of the products she purchased allegedly contained the representation that they were “natural” or contained “natural cleansers,” which she says she interpreted to mean that the products did not contain synthetic ingredients.

According to the California Baby class action lawsuit, Suarez would not have purchased the products if she had known they contained synthetic ingredients.

Suarez is seeking injunctive relief, monetary and punitive damages, attorneys’ fees, expert fees, and other relief the court deems proper.

Suarez is represented by Joseph P. Sultzer, Joseph Lipari and Adam Gonnelli of The Sultzer Law Group PC; Melissa S. Weiner and Amy E. Boyle of Halunen Law; and by David R. Shoop of Shoop A Professional Law Corporation.

The California Baby Natural Products Class Action Lawsuit is Pamela Suarez v. Ralph Paco & Roberto Inc. and Honky Tots Inc. d/b/a California Baby + Kids, Case No. 7:17-cv-09847, in the U.S. District Court for the Southern District of New York.