Purex Natural Elements Class Action Lawsuit Moves Forward

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On Monday, a New York federal judge denied an attempt by Henkel Consumer Goods Inc. to put an end to a class action lawsuit accusing it of misleadingly labeling its Purex “Natural Elements” laundry detergents.

Plaintiff Tony Luib filed the Purex class action lawsuit last May, alleging Henkel engaged in a false, deceptive and misleading Purex “Natural Elements” marketing campaign aimed at health-conscious and environmentally-conscious consumers.

According to the Purex natural detergent class action lawsuit, Luib purchased Purex “Natural Elements” laundry detergent because the label led him to believe the product did not contain any synthetic ingredients.

Laundry detergents include cleaning agents called surfactants, which remove dirt and oils from fabrics. While some surfactants are petroleum-based, the main surfactant included in the Purex “Natural Elements” laundry detergents is alcohol ethoxyl sulfate (AES), a plant-based surfactant made from alcohols derived from coconut oil and palm kernel oil, which are then converted into a surfactant by adding compounds to the original molecules. On the molecular level, AES is a mixture of natural and synthetic.

Defendant Henkel and plaintiff Luib each filed motions for summary judgment, both of which U.S. District Judge Brian Cogan denied Monday.

Henkel distinguishes its products with AES from those that include petroleum-based surfactants by including the “Natural Elements” label. Judge Cogan notes that Henkel does not specify the proportion of natural ingredients by stating “100% Natural” or “all natural” on the label.

The Purex Natural Elements products also include the following warning: “CAUTION: IRRITANT. MAY BE HARMFUL IF SWALLOWED.” The label also directs consumers to read the back of the label, which lists ingredients including Sodium Polyacrylate and Distryrylibiphenyl Disulfonate.

Judge Cogan notes that the Purex Natural Elements laundry detergents include about 12 ingredients. One of these listed ingredients is water, which makes up the majority of the detergent’s formula.

“If water is counted as a natural ingredient, the Products consist almost entirely of natural ingredients by weight,” Judge Cogan writes in his order. “If water is excluded from the calculation, the Products consist of a little more than half natural ingredients by weight.”

Henkel argues that the role of water in the Purex laundry detergent is critical because it allows the surfactants to lift dirt and oils from fabrics. Luib disagrees and argues that the presence of water as an ingredient in a product does not justify the product’s labeling as a “natural” product.

“The record contains several genuine issues of material fact,” Judge Cogan wrote in his order. “Whether or not the ‘Natural Elements’ label is materially misleading turns on whether a factfinder determines that a reasonable person would be misled by this label into thinking that the Products contain no synthetic elements.”

“That, in turn, depends in part on whether a factfinder thinks it is reasonable to consider water as a ‘natural element,’” the judge continues. “I cannot say that it would be unreasonable as a matter of law for a factfinder to come out one way or the other on this issue, and thus the inquiry is a factual one.”

Luib is represented by Adam Gonnelli and Jason P. Sultzer of The Sultzer Law Group, George Granade II and Michael Reese of Reese LLP and Melissa W. Weiner of Halunen & Associates.

The Purex Natural Detergent Class Action Lawsuit is Tony Luib v. Henkel Consumer Goods Inc., Case No. 1:17-cv-03021, in the U.S. District Court for the Eastern District of New York.

UPDATE: On March 11, 2019, a New York federal court gave preliminary approval to a $1.5 million settlement deal that would end claims that the makers of Purex “Natural Elements” misrepresented their laundry detergent via the product’s labeling.

UPDATE 2: April 2019, the Purex Natural Elements laundry detergent class action settlement is now open. Click here to file a claim.

UPDATE 3: October 2019, Top Class Actions viewers started receiving checks worth much lower than the amount previously stated on the settlement website. While disappointing, don’t let that stop you from continuing to file claims for every settlement you qualify for. Check out which class action settlements are still accepting claims in our Open Class Action Settlements section.