Benjamin Moore Class Action Claims Natura Paint Isn’t ‘Emission Free’

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Benjamin Moore has been hit with another class action alleging its brand of paint, Natura, is falsely advertised as “emission free,” this time in New York federal court.

Lead plaintiff Adrienne Andry claims in her class action lawsuit that she and other consumers purchased Benjamin Moore Natura Paint based on advertisements that said it was emission free.

The Benjamin Moore paint class action lawsuit states that the plaintiff thought she and her family would be free from harsh fumes after using the paint, but found this wasn’t the case.

Andry alleges that Benjamin Moore relied on a $50 million advertising scheme that touted the Natura line as emission free. The company made further claims that the paint would not emit any chemical or substance, including volatile organic compounds. The plaintiff points out that this information would be especially important to asthma sufferers and sensitive populations, like the elderly and those with young children.

According to the Natura paint class action lawsuit, Benjamin Moore even used a TV advertisement that featured painters painting a room filled with sleeping babies to demonstrate that the paint was free from harsh fumes.

“In light of the ‘Zero emissions’ representations on Natura Products’ labels, reinforced by the marketing campaign and the ‘Zero VOCs’ labeling and marketing claim, a reasonably prudent consumer would not expect the Natura Products to have any emissions, including harsh fumes and harmful chemicals, upon or after application,” alleges the Benajmin Moore Natura paint class action lawsuit.

However, points out the Natura class action lawsuit, Benjamin Moore recently settled claims made by the Federal Trade Commission alleging the company deceptively promoted its products as emission-free. Further, alleges the plaintiff, the company modified its labeling in September 2017 to remove the emission-free statement.

“Moreover, the Safety Data Sheet for Natura Products specifically states that inhalation ‘May cause irritation of respiratory tract,’ and recommends to ‘[a]void breathing vapors’ and ‘[i]n case of insufficient ventilation, wear suitable respiratory equipment,’” the Benjamin Moore paint class action lawsuit states.

This is not the first class action lawsuit to hit Benjamin Moore over claims that the company falsely advertised Natura Paint as free of emissions and toxins. Earlier this month a class action lawsuit was filed in Washington federal court accusing Benjamin Moore of false claims.

The plaintiff in the New York class action lawsuit alleges that she and other consumers paid a substantial premium for Benjamin Moore Natura Paint products based on representations that the paint was emission free and safer. Andry says that regular paint, even Zero VOC paint, costs between $15 and $25 a gallon, while the Natura paint cost $41 a gallon.

The plaintiff seeks to represent a Class of New York residents who purchased Benjamin Moore Natura products from an authorized retailer. Andry alleges the company violated New York business law and was unjustly enriched by the alleged false advertising.

Andry is seeking damages, including restitution, compensatory, and statutory, as well as a disgorgement of profits from the alleged false advertising.

The plaintiff is represented by Joseph N. Kravec, Jr. of Feinstein Doyle Payme & Kravec LLC, and Antonio Vozzolo of Vozzolo LLC.

The Benjamin Moore Natura Paint Class Action Lawsuit is Andry v. Benjamin Moore & Co. Inc., Case No. 1:18-cv-01923, in the U.S. District Court for the Eastern District of New York.