Fresh Wave class action lawsuit overview:
- Who: Fresh Wave customers filed a class action lawsuit against OMI Industries Inc.
- Why: The plaintiffs claim OMI falsely advertises its Fresh Wave products as “plant-based” even though they allegedly contain synthetic ingredients.
- Where: The class action lawsuit was filed in California federal court.
- UPDATE: The plaintiff voluntarily dismissed the case with prejudice on April 7, 2025.
A new nationwide class action lawsuit alleges that Fresh Wave cleaning products contain synthetic ingredients despite being advertised as “plant-based.”
Plaintiff Oganes Martin Mishikyan filed the class action complaint against OMI Industries Inc. on Feb. 11 in California federal court, alleging violations of state and federal consumer laws.
The Fresh Wave cleaning products named in the lawsuit are:
- Fresh Wave Air Spray
- Fresh Wave Laundry Booster
- Fresh Wave Gel
- Fresh Wave Fabric Spray
- Fresh Wave Packs
- Fresh Wave Vacuum Beads
- Fresh Wave Stain & Odor Remover
- Fresh Wave Pet Spray
- Fresh Wave Litter Box Gel
- Fresh Wave Dog Shampoo
Mishikyan claims that OMI’s labeling misleads consumers into believing the products are entirely plant-based and natural, giving the company an unfair competitive advantage.
Fresh Wave products contain synthetic ingredients, lawsuit alleges
According to the lawsuit, OMI’s Fresh Wave products contain synthetic ingredients such as cocamidopropyl betaine, decyl glucoside, glycerin, polysorbate 80, sodium chloride, and tocopherol.
These ingredients are not plant-based and have been subject to significant chemical modification or processing, the lawsuit says.
Mishikyan argues that consumers are willing to pay a premium for plant-based products and rely on manufacturers to label their products honestly.
The lawsuit cites Federal Trade Commission green guidelines, which state that marketers are responsible for substantiating consumers’ reasonable understanding of “biobased” and “plant-based” claims.
The lawsuit claims that OMI’s false advertising means that consumers overpaid for products that did not meet their expectations.
Mishikyan is seeking monetary recovery for the price premium paid by consumers, as well as injunctive relief to stop OMI from continuing to manufacture and sell the products with misleading labels.
He’s seeking to represent a nationwide class and California subclass of anyone who purchased the products in the United States.
The lawsuit alleges violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, as well as breach of express warranty, common law fraud, intentional misrepresentation, and negligent misrepresentation.
Last year, consumers filed two similar class action lawsuits that allege “plant-based” wet wipes contain synthetic ingredients. One was a class action lawsuit concerning Aveeno wet wipes by Johnson & Johnson, and the other was for Earth Rated pet wipes.
What do you think of the allegations in this Fresh Wave class action lawsuit? Let us know in the comments.
The plaintiffs are represented by Valter Malkhasyan and Erik Pogosyan of Malk & Pogo Law Group LLP.
The Fresh Wave class action lawsuit is Oganes Martin Mishikyan v. OMI Industries Inc., Case No. 2:25-cv-01183 in the U.S. District Court for the Central District of California.
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