Costco Class Action: ‘Environmentally Responsible’ Cleaners Aren’t Natural

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Costco is being accused of falsely advertising a line of cleaning products as “environmentally responsible” in a new class action lawsuit.

Lead plaintiff Stephanie Mattero alleges in her class action lawsuit that Costco’s Kirkland brand cleaners are falsely touted as being better for the environment in an attempt to capitalize on consumers’ growing desire for less toxic products.

The products actually contain unnatural, harmful, and toxic chemical ingredients, says the plaintiff.

“In recent years, consumers have become significantly more aware of and sensitive to the toxicity and impact of household products on the environment. Consumers seek, and will pay a premium for, products that are safe and responsibly made, including products that will not negatively affect the environment,” alleges the Costco Kirkland cleaners class action lawsuit. “As a result, demand has increased for ‘green’ products that are naturally derived, environmentally sound, and non-toxic.”

Costco labels a number of its Kirkland brand cleaning products as “environmentally responsible,” as well as with other claims, like the products are made from “naturally derived ingredients,” are “Recognized for Safer Chemistry,” are “safer for the planet,” and made according to a “biodegradable formula,” says Mattero. Further, imagery, such as recycling symbols, water drops, and leaves are used.

“In fact, the Products contain unnatural, harmful, and toxic chemical ingredients, including sodium hydroxide, sodium lauryl sulfate (‘SLS’), lauramine oxide, and methylisothiazolinone (‘MI’),” alleges the Costco class action lawsuit.

The Costco Kirkland brand products at issue are Kirkland Signature Premium Liquid Dish Soap and the Kirkland Signature Premium Laundry Detergent. They are sold at Costco stores as well as through online retailers, like Amazon, says the plaintiff.

“Reasonable consumers do not expect such ingredients to be in products labeled ‘environmentally responsible,” states the Costco cleaning products class action lawsuit. “Consumers lack the ability to test or independently ascertain the accuracy of a cleaning product label, especially at the point of sale. Reasonable consumers must and do rely on the company to honestly report the nature of a product’s characteristics or ingredients.”

The plaintiff accuses Costco of profiting off of the allegedly false advertising of the cleaning products. She says she and other customers would have not purchased or paid as much. She also claims Costco is taking away market share from competing products.

Further, alleges the Costco class action lawsuit, Costco is in violation of Federal Trade Commission (FTC) rules regarding the advertising of so-called environmentally friendly products, called the Green Guides.

“Although the FTC Green Guides do not specifically address terms such as ‘naturally derived’ or ‘plant-based formula,’ the FTC has made clear that the general principles of the Guides apply—i.e., use of such terms must not be misleading to reasonable consumers, and marketers must have substantiation for such claims if they evoke environmental benefits,” points out the plaintiff in the Costco class action. “Costco’s use of these terms is misleading and unsubstantiated.”

The plaintiff seeks to represent a nationwide Class of consumers who purchased Costco Kirkland brand cleaning products, as well as a California subclass. The plaintiff is seeking damages as well as an injunction stopping Costco from engaging in the alleged false advertising.

Mattero is represented by Tina Wolfson and Bradley King of Adhoot & Wolfson PC, and Kim E. Richman of Richman Law Group.

The Costco Kirkland Environmentally Responsible Cleaning Products Class Action Lawsuit is Mattero v. Costco Wholesale Corporation, Case No. 4:18-cv-02871-KAW, in the U.S. District Court for the Northern District of California.