Christina Spicer  |  November 2, 2018

Category: Consumer News

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pouring out Herbal Essence shampooThe consumers alleging that Proctor & Gamble falsely advertises its Herbal Essences Wild Naturals hair care line overcame an effort to dismiss the class action lawsuit.

The Herbal Essences class action lawsuit alleges that the hair care products in the Wild Naturals line were misleadingly marketed as containing only natural ingredients.

Proctor & Gamble argued that the claims should be dismissed because no reasonable consumer would be duped by marketing claims on the products’ packaging that highlight natural sounding ingredients, such as cassia, seaberry, Turkish fig, and Thai lemon basil.

U.S. District Court Judge Troy L. Nunley disagreed and retained most of the claims in the Herbal Essences Wild Naturals class action lawsuit.

“The court cannot conclude at this stage of the litigation that a reasonable consumer would not be misled by the term ‘naturally’ or ‘Wild Naturals,’” noted Judge Nunley in the order.

The Herbal Essences class action lawsuit was trimmed of a claim based on New York consumer protection law that alleged negligent misrepresentation based on statements made on the company’s website.

Judge Nunley noted that the plaintiffs had not alleged that they relied on statements made on the Herbal Essences website before purchasing items from the Wild Naturals line of products.

“Here, Plaintiffs allege that they purchased the Products after seeing the Products’ labels, but do not allege that they looked at or relied upon anything on Defendant’s website before purchasing the Products,” points out the judge in his order.

However, the bulk of the claims in the Herbal Essences Wild Naturals class action lawsuit remain despite efforts by Proctor & Gamble to dodge the allegations.

According to the Herbal Essences Wild Naturals class action lawsuit, consumers were misled by statements made on the front of the products’ labels that touted supposedly natural ingredients in the hair care line.

The Herbal Essences Wild Naturals class action lawsuit covers nine hair care products sold under the line.

According to the plaintiffs, the backs of the bottles revealed that the products, in truth, contain a number of “synthetic, unnatural, and dangerous ingredients.”

They say that they and other consumers were tricked by Herbal Essences Wild Naturals labeling and that it was “false, misleading, and designed to deceive consumers into paying a price premium.”

In addition to claims for negligent misrepresentation, fraud, and breach of warranty, the Herbal Essences Wild Naturals class action lawsuit claims that Proctor & Gamble violated California and New York business and consumer protection laws.

The plaintiffs say that they and other consumers either would not have purchased or would not have paid as much for items out of the Herbal Essences Wild Naturals line had the misleading representations not been made on the product packaging.

The plaintiffs are represented by attorneys Yeremey Krivoshey, L. Timothy Fisher, Joel D. Smith and Scott A. Bursor of Bursor & Fisher PA.

The Herbal Essences Wild Naturals Class Action Lawsuit is Tom Takano, et al. v. The Procter & Gamble Co., Case No. 2:17-cv-00385, in the U.S. District Court for the Eastern District of California.

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306 thoughts onHerbal Essences Class Action Continues on False Advertising Claims

  1. Laura says:

    In the past three weeks of using Herbal Essence shine brilliance my hair has breaking off and become thin. Ive never been more disappointed in a product then this DONOT USE!!!

  2. Christina Miracle says:

    Is there a current class action lawsuit against herbal Essences? I have lost lots of hair since using herbal Essences shampoo and conditioner. I have always had thick, curly hair, now my hair is so thin, and the top of my hair is like baby fine hair. I also had hair literally break off in the front. I didn’t know why I was loosing so much hair. I can’t even fix it anymore, it’s so flat to my head. I’m afraid if I loose anymore hair I’ll go bald. I have actually cried in the shower, strains and gobs of hair just kept coming out. I’d pray out loud asking God to please make it stop!

  3. Lisa Loredo says:

    Please add me if this is still going on.. I’ve been using herbal essences for sometime now and couldn’t figure out why my hair is falling out like crazy. I can’t run my fingers through my hair with out gobs of hair coming out. My hair used to be thick and curly now it’s thinning and nasty.

  4. Tonkona Idal Heideman says:

    Please add me — I had to have sores on my scalp treated by a dermatologist several times while using Herbal Essence shampoo. Once I switched to Head and Shoulders they all healed. Also experienced hair loss and thought the sores were skin cancer.

  5. Angel Newcomb says:

    I have been going nuts trying to figure out why im loosing all my hair. After reading this im sure it my herbal essences products and i have been using these products for 3 years

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