Babyganics Class Action Says Products Are Not Organic

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KAS Direct LLC d/b/a Babyganics has been hit with a class action lawsuit alleging its baby products are not organic, despite the company’s representations.

Plaintiffs Tanya Mayhew and Tanveer Alibhai filed the Babyganics class action lawsuit yesterday in New York federal court, accusing the Babyganics company of engaging in unlawful, unfair, deceptive and misleading business practices regarding the marketing and sale of Babyganics products.

According to the class action lawsuit, the Babyganics line includes a number of baby products, including sunscreen, lotion, shampoo, body wash, rash cream, toothpaste, baby wipes, dish soap and laundry detergent.

Mayhew and Alibhai claim that the defendants chose the name “Babyganics” to give the impression its baby products are organic.

Further, the Babyganics class action lawsuit alleges the marketing materials for the Babyganics products are “replete with statements” indicating the products are organic.

The plaintiffs specifically take issue with the marketing of Babyganics “mineral sunscreen,” which they say use a combination of mineral and chemical sunscreens. According to the class action lawsuit, the Babyganics sunscreen is labeled as “mineral-based.”

“In fact, these Sunscreens are not mineral sunscreens, which use physical sunscreens such as Titanium Dioxide and Zinc Oxide that sit on top of the skin to deflect and scatter UV rays away from the skin,” the Babyganics skincare lawsuit alleges.

“Instead, Defendant’s ‘mineral-based’ sunscreens use a combination of physical sunscreens and chemical sunscreens, which penetrate the skin and absorb UV radiation,” the plaintiffs argue.

According to the Babyganics skincare lawsuit, the sunscreens contain chemical ingredients such as octinoxate and octisalate.

Other Babyganics products are also misrepresented as organic, the deceptive marketing class action lawsuit alleges. However, the products include synthetic ingredients that are not organic, the Babyganics skincare lawsuit argues.

Mayhew and Alibhai claim that they chose to purchase Babyganics products because they believed they were organic and/or mineral-based as represented by the defendant.

They state that they would not have purchased the Babyganics products, or would not have paid a premium price for the products, had they known they were not truly organic or mineral-based.

The plaintiffs seek to represent a Class of consumers who purchased Babyganics products anywhere in the United States.

The Babyganics class action lawsuit asserts violations of New York Business Law, California’s Unfair Competition Law, California’s Consumer Legal Remedies Act and California’s Fair Advertising Law. The plaintiffs also assert a claim for unjust enrichment.

The Babyganics class action lawsuit seeks injunctive relief, damages, restitution, attorneys’ fees, pre- and post-judgment interest, punitive damages, and all other relief deemed appropriate by the court.

The plaintiffs have also asked the court to order Babyganics to immediately put an end to its allegedly deceptive, unlawful and fraudulent labeling and marketing of the baby products.

The plaintiffs are represented by Jason P. Sultzer of the Sultzer Law Group PC, Charles J. LaDuca and Katherine Van Dyck of Cuneo Gilbert & LaDuca LLP, and Melissa W. Wolchansky and Amy E. Boyle of Halunen Law.

The Babyganics Class Action Lawsuit is Tanya Mayhew, et al. v. KAS Direct LLC, Case No. 7:16-cv-06981, in the U.S. District Court for the Southern District of New York.

UPDATE: On Aug. 4, 2017, the plaintiffs secured a false advertising class action settlement with the makers of Babyganics baby care products, resolving allegations that the company’s products are not actually organic as advertised.

UPDATE 2: August 2018, the Babyganics lotion, sunscreen, wipes, diapers class action settlement is now open. Click here to file a claim.

UPDATE 3: December 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $340. Congratulations to everyone who filed a claim and got PAID!