By Paul Tassin  |  November 8, 2017

Category: Consumer News

olivina-men-body-washOlivina Men personal care products aren’t nearly as natural as their labeling would have consumers believe, according to a new class action.

Plaintiff Patrick Evans says he purchased products made by defendant Olivina Napa Valley LLC in reliance on promotional materials that described them as “natural” and “naturally pure.”

These products actually contain synthetic ingredients, Evans claims – ingredients that no reasonable consumer would consider “natural.”

Evans lists several ingredients in Olivina Men products that are allegedly synthetic. These include cocamidopropyl betaine, “a synthetic surfactant”; cetyl or cetearyl alcohol, “a synthetic flavoring substance and adjuvant”; and tocopherol, “a synthetic, inert ingredient used pre and post-harvest as an ingredient in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest.”

According to Evans, some of the ingredients in Olivina Men products have gone through so much processing that they can no longer be reasonable considered “natural.” Glycerin, for example, is extracted from fats and oils by any of a number of processes that involve heat, pressure, emulsification, chemical treatments, and physical agitation.

The presence of these allegedly synthetic ingredients doesn’t jibe with the labeling on Olivina Men products, Evans claims. Photos of the products at issue show their labeling bears the phrase “Naturally Pure” on the front of the package.

Evans says this labeling misleads consumers into thinking the products contain no synthetic ingredients. Market research shows consumers understand the word “natural” on a product’s label to mean that the product contains no synthetic ingredients, Evans says.

He also cites guidance from the U.S. Department of Agriculture that says for a substance to be natural, it should be derived from a natural source and should not undergo chemical change that alters it from its natural state – or if it does undergo chemical change, the change should be caused by a natural biological process like fermentation, composting, or enzymatic digestion.

Determining whether a given ingredient is truly “natural” requires technical expertise that most consumers lack, Evans says. Consumers therefore rely on the way companies like Olivina represent their products. False representation can result in consumers paying more than they intended to for products they would never have bought if they knew the truth about the product’s ingredients, according to Evans.

This Olivina class action lawsuit lists three specific products at issue:

  • Olivina Men All-in-One Body Wash Bourbon Cedar
  • Olivina Men Rinse Out | Leave In Conditioning Cream
  • Olivina Men Bourbon Cedar Aluminum-Free Deodorant

 

Evans seeks to bring claims on behalf of a plaintiff Class including all persons who purchased the Olivina products at issue anywhere within the U.S. He also proposes a subclass to cover Class Members who made their purchase within New York State.

He seeks an injunction requiring Olivina to change its business practices and to comply with consumer protection laws. He is asking for a damage award including treble and punitive damages, attorney fees, and costs of litigation.

Evans is represented by attorneys Jason P. Sultzer, Joseph Lipari and Adam Gonelli of The Sultzer Law Group PC and by Melissa S. Weiner of Halunen Law.

The Olivina Natural Products Mislabeling Class Action Lawsuit is Evans v. Olivina Napa Valley LLC, Case No. 1:17-cv-06450, in the U.S. District Court for the Eastern District of New York.

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3 thoughts onOlivina Men Class Action: ‘Natural’ Products Contain Synthetic Ingredients

  1. SHIRLEY MARCIEL says:

    i would like to file a cliam

  2. Timothy Wald says:

    By deception false labeling I would like to file a claim

  3. Timothy Wald says:

    I would like to file a claim I was unsatisfied

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