Procter & Gamble urges judge to dismiss Gain false advertising class action

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Update: 

• Procter & Gamble (P&G) asked an Illinois federal judge to throw out a class action lawsuit alleging it falsely advertises certain containers of its Gain laundry detergent as containing enough detergent to do 32 loads of laundry. 
• Plaintiff Tasha Callahan claims consumers who purchase the Gain laundry detergent marketed as having enough product for 32 loads of laundry would only be to do that many loads if they did the “smallest size load possible” each time. 
• In a memo filed Aug. 31, P&G disputed this, arguing Gain states on its label it can clean 32 “medium” loads of laundry. 
• “The label clearly explains that Gain’s container has ‘approximately 32 medium loads as measured just below bar 1 on the cap,’ which is irreconcilable with plaintiff’s contention that reasonable consumers expect a container to have 32 ‘large’ or ‘full’ loads and, further, would be misled by the label notwithstanding the clear directions,” the memo states. 
• P&G adds Callahan has not proven a reasonable consumer would expect a “load” of washing to refer to a full load instead of any other sized load.

Gain laundry detergent class action lawsuit overview: 

• Who: Tasha Callahan filed a class action lawsuit against The Procter & Gamble Co. 
• Why: Callahan claims Procter & Gamble falsely advertises that certain containers of its Gain brand laundry detergent contain enough product to do 32 loads of laundry.
• Where: The class action lawsuit was filed in Illinois federal court.

(April 11, 2023)

Procter & Gamble (P&G) falsely advertises certain containers of its Gain laundry detergent as containing enough detergent to do 32 loads of laundry, a new class action lawsuit alleges. 

Plaintiff Tasha Callahan claims consumers who purchase the Gain laundry detergent marketed as having enough product for 32 loads of laundry would only be to do that many loads if they did the “smallest size load possible” each time. 

Callahan claims unpublished data by P&G confirms “consumers would not expect loads of laundry to refer to the smallest possible amount of laundry they could put in their washing machine.” 

“The majority of Americans who take advantage of the whole usable capacity of their washing machines will not be able to do 32 loads of laundry,” the class action states. 

Callahan wants to represent an Illinois class and multistate consumer fraud class of individuals who have purchased Gain laundry detergent marketed as having enough product for 32 loads of laundry. 

Gain laundry detergent containers don’t have easily findable load-amount conditions, class action says

A consumer would only be able to fill laundry detergent up to just below bar one on the cap for the Gain detergent container to be able to do the advertised 32 loads of laundry, the class action alleges. 

Callahan argues consumers, meanwhile, would need to turn a Gain container around and navigate hundreds of words — including warnings, logos, ingredients and icons, among other things — to find clarification about the amount of loads possible. 

“Even if consumers fill the cap to Bar 3 for ‘Large Loads,’ they will get close to half as many as the 32 indicated on the front label,” the Gain class action states. 

Callahan claims P&G is guilty of unjust enrichment, fraud and negligent misrepresentation, and of violating the Magnuson Moss Warranty Act, several state consumer fraud acts and the Illinois Consumer Fraud and Deceptive Business Practices Act. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of monetary, statutory and/or punitive damages for herself and all class members. 

A separate class action lawsuit was filed against P&G earlier this month by a consumer arguing the company “greenwashes” its Gain laundry detergent to make it seem environmentally friendly when it allegedly contains a probable human carcinogen.  

Have you purchased Gain laundry detergent marketed as containing enough product for 32 loads of laundry? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Gain laundry detergent class action lawsuit is Callahan, et al. v. The Procter & Gamble Co., Case No. 1:23-cv-02072, in the U.S. District Court for the Northern District of Illinois.

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