Benjamin Moore Class Action Says Natura Paint is Falsely Advertised

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Benjamin Moore’s Natura paint is falsely advertised as being free of emissions and toxins, according to a class action lawsuit removed to federal court on Monday.

Plaintiff Whitney Poole claims that Benjamin Moore & Co Inc. knowingly falsely advertised their Natura paint as being emission and toxin free, when it does, in fact, contain toxic ingredients. She seeks damages on behalf of herself and all similarly affected consumers.

According to the Benjamin Moore paint class action lawsuit, the advertising of Benjamin Moore’s Natura paint as being non-toxic revolved around the marketing message that the company made consumers a “Green Promise,” to assure them that the Natura line of paint contained no toxins or emissions.

According to the Benjamin Moore class action lawsuit, the Natura paint was advertised to be toxin and emission-free in multiple ways:

• Each can of Benjamin Moore Natura paint featured language about the “Green Promise” on its label.
• The “Green Promise” assured consumers that its Natura paint was emission-free and “contained zero Volatile Organic Compounds.”
• Television ads for Natura paint referenced the “Green Promise” and focused on the fact that the paint was supposedly toxin and emission-free.
• Print ads for the Natura paint touted the product as “green” and “natural” and offered consumers the “Green Promise,” often featuring children and families around the paint.

The “Green Promise” class action lawsuit goes on to allege that Benjamin Moore falsely claimed that the Natura paint was endorsed by an independent third party to add perceived legitimacy to the company’s claims.

According to Poole, the Federal Trade Commission filed a complaint against Benjamin Moore for falsely claiming that their product had been endorsed by an independent third party. She goes on to note that the FTC’s complaint, like her own, “alleged that Benjamin Moore deceived consumers with false, misleading, unqualified and/or unsubstantiated claims that Natura Paint is Emission Free and contains Zero VOCs.”

Poole states that as a result of the FTC’s complaint, Benjamin Moore did agree to stop making their false claims. However, consumers who purchased the paint before this event were still adversely affected by the company’s practices.

The Natura paint class action lawsuit states that Benjamin Moore advertised that their paint was both better for consumers and for the environment, using terminology like “green,” “natural” and safe,” with the intent of capitalizing on consumers’ preference for both health-conscious and environmentally conscious products.

Poole notes that the Natura paints were sold at a premium, costing roughly $7 more per can than other Benjamin Moore paints not labeled with the “Green Promise.” She states that she and other consumers were financially injured because had she known that the Natura paints contained toxins, she would not have purchased them, or would not have paid as high a price for them.

The plaintiff is represented by Jeffrey M. Thomas, Mark Wilner, and Brendan Winslow-Nason of Gordon Tilden Thomas & Cordell LLP, Gary M. Klinger of Kozonis Law LTD, and Daniel R. Johnson of Waskowski Johnson Yohalem LLP.

The Benjamin Moore Green Promise Natura Paint Class Action Lawsuit is Whitney Poole v. Benjamin Moore & Co. Inc., Case No. 3:18-cv-05168, in the U.S. District Court for the Western District of Washington.