Walmart class action claims company falsely advertises rayon products as bamboo

Walmart class action lawsuit overview:

• Who: Plaintiff Grace Toledo filed a class action lawsuit against Walmart.
• Why: Walmart allegedly falsely advertises “bamboo” products that are actually made with rayon fibers.
• Where: The Walmart class action lawsuit was filed in Massachusetts federal court.
• What are my options: Macy’s offers alternatives to Walmart.

Walmart markets and sells “bamboo” products that are actually made of rayon fibers, according to a class action lawsuit filed March 30 in Massachusetts federal court.

Plaintiff Grace Toledo says she purchased a pillow product that was advertised as being made “with Bamboo” from a Walmart Supercenter. She believed the product was made with fibers taken directly from bamboo plants, the class action lawsuit alleges.

Had she known the bamboo product was actually made with rayon, Toledo says she would not have purchased the product or would not have paid as much for it.

Walmart bamboo products advertised as ‘eco-friendly’ even though hazardous chemicals are used to create rayon, plaintiff says

Walmart allegedly advertises some of its products as being “eco-friendly & sustainable” because they are made with bamboo. However, Walmart bamboo products are actually made with rayon, a type of regenerated or manufactured fiber made from cellulose, Toledo explains.

Rayon is manufactured by taking purified cellulose from a plant source such as cotton, wood pulp or bamboo.

“Regardless of the source of the cellulose, the manufacturing process involves the use of hazardous chemicals, and the resulting fiber is rayon — not cotton, wood, or bamboo fiber,” according to the class action lawsuit.

FTC ordered $3 million penalty for Walmart bamboo deceptive marketing

Toledo notes that the Federal Trade Commission (FTC) took legal action against Walmart over nearly identical allegations in April 2022. The agency has reportedly alerted companies such as Walmart of the need to label and advertise their textile products accurately and to inform consumers “bamboo” is not an acceptable description for manufactured rayon textile fibers.

The FTC has already hit Walmart with $3 million in penalties for marketing some of their rayon-based products as “eco-friendly.”

Toledo filed the class action lawsuit on behalf of herself and a proposed class of consumers who purchased Walmart “bamboo” products that were made with rayon.

The class action lawsuit asserts claims for violation of the Massachusetts Unfair and Deceptive Business Practices Act, violation of the Magnuson-Moss Warranty Act, unjust enrichment, fraud, fraudulent omission and breach of express warranty.

What do you think of the claims that Walmart bamboo products are not made with bamboo fibers? Tell us about it in the comments!

Toledo is represented by James J. Reardon Jr. of Reardon Scanlon LLP and Julian C. Diamond and Matthew A. Girardi of Bursor & Fisher PA.

The Walmart bamboo class action lawsuit is Grace Toledo, et al. v. Walmart Inc., Case No. 1:23-cv-10694, in the U.S. District Court for the District of Massachusetts.

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