Nellie’s All-Natural Products Falsely Advertised, Says Class Action

Nellie’s was hit with a class action lawsuit alleging the company falsely advertises its household cleaning products as “All-Natural.”

For example, plaintiff Daniel Berman claims that Nellie’s advertises its laundry soda as all-natural; however, closer reading of the product’s labeling reveals that the supposedly all-natural soda contains three synthetic ingredients.

“In recent years, consumers have become significantly more aware and sensitive to the toxicity and impact of household products on their health, the health of their children, and the general environment,” the Nellie’s all-natural class action lawsuit states. “As a result, demand has increased for so-called ‘green’ products that are naturally derived, environmentally sound, non-toxic, and non-injurious to consumers and their health.”

Berman says he relied on representations on the packaging of Nellie’s All-Natural Laundry Soda when making his purchase and that he would not have bought the product if he had known it contained synthetic ingredients.

According to the Nellie’s all-natural class action lawsuit, the laundry soap is not the only Nellie’s product that is falsely advertised as all-natural. The plaintiff says that the manufacturer of Nellie’s products, Batten Industries, also misrepresents the following products:

• Nellie’s All-Natural Laundry Soda
• Nellie’s All-Natural Automatic Dish Nuggets
• Nellie’s All-Natural All-Purpose Cleaner
• Nellie’s All-Natural Shower & Bath Cleaner
• Nellie’s All-Natural Toilet Bowl Cleaner
• Nellie’s All-Natural Automatic Dish Powder
• Nellie’s All-Natural Laundry Nuggets
• Nellie’s All-Natural Oxygen Brightener
• Nellie’s All-Natural Wow Stick
• Nellie’s All-Natural Baby Laundry
• Nellie’s All-Natural One Soap

“Batten, a Canadian corporation, boldly, and falsely, proclaims that it offers ‘All Natural’ products while United States manufacturers dare not do so,” alleges the Nellie’s class action lawsuit.

The plaintiff points out that Nellie’s All-Natural Baby Laundry formula, while purporting to be made of natural ingredients, contains several synthetic ones, including Lauryl Alcohol Ethoxylate. Berman says that the “chemistry” used to make Lauryl Alcohol Ethoxylate is “precisely what consumers seek to avoid in purchasing ‘all natural.’”

Cocamidopropyl Betaine is also used in many of Nellie’s All-Natural products, alleges the class action lawsuit. This substance is produced by combining coconut oil fatty acids with a number of other ingredients. The Natural Products Association, alleges the plaintiff, prohibits products containing the chemical to be certified as natural.

“Defendant know that its Products are not all natural, but nonetheless advertise and market them in a manner intended to mislead and deceive consumers,” alleges the Nellie’s cleaning products class action lawsuit. “As a result, Defendant is able to unjustly profit at consumers’ expense.”

Berman says that misleading representations that Nellie’s products are all-natural are found not only on the packaging, but also on the Nellie’s website and other marketing materials.

The plaintiff seeks to represent consumers throughout the United States who purchased Nellie’s products as well as a subclass of California residents. Berman alleges Batten, the makers of Nellie’s products, violated California consumer protection law, in addition to breaching express and implied warranties to consumers.

The plaintiff is seeking damages as well as a court order stopping Batten from engaging in alleged false marketing of Nellie’s products.

Berman is represented by Kolin C. Tang, Nathan Zipperian and James C. Shah of Shepherd Finkelman Miller & Shah LLP.

The Nellie’s All-Natural False Advertising Class Action Lawsuit is Berman v. Batten Industries Inc., et al., Case No. 2:18-cv-02818-SVW-FFM, in the U.S. District Court for the Central District of California.