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Pampers “Plant-Based Liner” Implies Eco-Friendly Content Class Action

The Procter & Gamble Company offers disposable diapers under its Pampers brand that are marketed as “pure” and as having a “Plant-based liner enriched with shea butter.” The complaint alleges that consumers “will expect the Product to have a significant amount of plant-based materials compared to fossil fuel-based materials.” However, the complaint claims that testing has shown the product to be only 22% from plants, and 78% from fossil fuel products.

Two classes have been defined for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Kansas, West Virginia, and Wyoming who bought the product during the applicable statutes of limitations.

Consumers these days are aware of the need to protect the environment and seek out products that they believe will have a positive effect. According to the complaint, “[n]on-renewable ingredients like petroleum contribute[] to pollution” while ‘[p]lant-based materials are from renewable sources like bamboo and corn, that remove carbon dioxide from the atmosphere.”

The label for the product uses various shades of green, including a green heart, the words “Pure Protection,” and the phrase, “Plant-based liner enriched with shea butter,” in green letters. The complaint contends that consumers looking at this label “will expect the Product to have a significant amount of plant-based materials compared to fossil fuel-based materials.”

The label also displays other claims that encourage this environmentally-conscious impression, such as “Hypoallergenic—Free of chlorine bleaching fragrance, parabens & latex*” because this kind of claim is normally associated with the use of plants and natural materials.

The complaint alleges that the marketing for this product suggests to consumers that the product contains more plant-based materials than it does.

However, the complaint alleges, “Laboratory analysis, based on the ASTM D6866 … determined that the bio or plant-based content of the Product was only twenty-two (22) percent, compared to seventy-eight (78) percent fossil carbon, from petroleum.”

The Federal Trade Commission (FTC) warns that “consumers may interpret renewable materials claims differently than marketers may intend.” It encourages companies to “qualify any ‘made with renewable materials’” claims, but the complaint alleges that the marketing for the product does not do this “sufficiently to clarify the relatively small percentage of the Product that is from plant-based materials.”

The causes of action include breaches of warranties and violation of New York’s General Business Law and state Consumer Fraud Acts, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Pampers “Plant-Based Liner” Implies Eco-Friendly Content Complaint

November 7, 2021

The Procter & Gamble Company offers disposable diapers under its Pampers brand that are marketed as “pure” and as having a “Plant-based liner enriched with shea butter.” The complaint alleges that consumers “will expect the Product to have a significant amount of plant-based materials compared to fossil fuel-based materials.” However, the complaint claims that testing has shown the product to be only 22% from plants, and 78% from fossil fuel products.

Pampers “Plant-Based Liner” Implies Eco-Friendly Content Complaint

Case Event History

Pampers “Plant-Based Liner” Implies Eco-Friendly Content Complaint

November 7, 2021

The Procter & Gamble Company offers disposable diapers under its Pampers brand that are marketed as “pure” and as having a “Plant-based liner enriched with shea butter.” The complaint alleges that consumers “will expect the Product to have a significant amount of plant-based materials compared to fossil fuel-based materials.” However, the complaint claims that testing has shown the product to be only 22% from plants, and 78% from fossil fuel products.

Pampers “Plant-Based Liner” Implies Eco-Friendly Content Complaint
Tags: Deceptive Advertising, Deceptive Labels, Implying Product Is Eco-Friendly