Another Scott Naturals Flushable Wipes Class Action Challenges ‘Natural’ Claims

The maker of Scott Naturals Flushable Cleansing Cloths was hit with another class action alleging the wipes are misleadingly marketed as “natural.”

Lead plaintiff Joseph Mattocks alleges in his class action lawsuit that he and other consumers were duped into paying a premium for the moist hygiene product because it was advertised under the “Naturals” line of Scott products.

“Defendants label and advertise the Products as being ‘natural’ by prominently and uniformly displaying the term ‘Naturals’ on the Products’ labeling and packaging,” the class action lawsuit states. “In addition, Defendants reinforce the Products’ ‘natural’ image through the Products’ labeling and packaging designs, which include nature images, such as green coloring and leaves.”

According to the Scott Naturals class action lawsuit, the “natural” products actually contain artificial and/or synthetic materials like phenoxyethanol, sodium benzoate, amodimethicone, sodium lauryl glucose carboxylate, polysorbate 20, lauryl glucoside, sorbic acid, malic acid, and propylene glycol. The plaintiff further alleges that the products contained methylisothiazolinone during the purported Class period.

Mattocks claims that the Federal Trade Commission has said that the various ‘unnatural’ ingredients in the Scott Naturals line can cause health problems. Phenoxyethanol, says the plaintiff, can cause vomiting and diarrhea in infants and can depress the central nervous system.

“Methylisothiazolinone is a synthetic preservative, biocide, EPA-registered pesticide, and is toxic,” continues the Scott Naturals class action lawsuit. “Methylisothiazolinone is used to control slime-forming bacteria, fungi, and algae. Methylisothiazolinone is an allergenic and was named Allergen of the Year for 2013 by the American Contact Dermatitis Society. Prolonged exposure to even low levels of Methylisothiazolinone and related compounds may have damaging consequences to the developing nervous system.”

The plaintiff argues that the FTC requires, and consumers expect, that products marketed as “natural” do not contain the artificial ingredients included in the Scott Naturals Flushable Cleansing Cloths.

“Consumers have become increasingly concerned about the effects of unnatural, synthetic and/or artificial ingredients in products. Indeed, consumers are willing to pay, and have paid, a premium for products represented as ‘natural’ over products containing unnatural, synthetic ingredients,” alleges the Scott Naturals class action lawsuit.

The plaintiff seeks to represent a nationwide Class of consumers who purchased Scott Naturals Flushable Cleansing Cloths, Scott Naturals Flushable Wipes, and/or Scott Naturals with Aloe Vera Flushable Wipes. The plaintiff also seeks to represent a California subclass.

The maker of the Scott wipes, Kimberly-Clark, violated California state laws, according to the class action, as well as breached warranties and contracts with consumers through its alleged false marketing of the toilet paper alternative.

This class action raises similar claims brought by another lawsuit filed in New York earlier this year.

Mattocks is seeking damages and a court order stopping Kimberly-Clark from marketing its Scott Naturals products as “natural” and for the company to disgorge its ill-gotten gains from the alleged mislabeling scheme.

The plaintiff is represented by Christopher D. Moon and Naomi Spector of KamberLaw LLP and Michael T. Fraser of The Fraser Law Firm PC.

The Scott Naturals Flushable Wipes Class Action Lawsuit is Mattocks v. Kimberly-Clark Corporation, et al., Case No. 3:17-cv-01397-MMA-AGS, in the U.S. District Court for the Southern District of California.