Two Burt’s Bees “100% Natural” Cosmetics Contain PFAS Class Action

Consumers these days prefer cosmetics that do not contain dangerous or even artificial ingredients, and therefore often seek out products that purport to be “natural.” The complaint for this class action takes issue with certain products from Burt’s Bees, Inc. and its parent company, the Clorox Company, alleging that they deceptively market certain products as “natural” when in fact they contain synthetic substances known as per- and polyfluoroalkyl substances, or PFAS.

The class for this action is all consumers who bought the Burt’s Bees products at issue during the class period. A New York Subclass has also been proposed for those who bought them within New York.

At this time, the products at issue are the “100% Natural Origin” Burt’s Bees Volumizing Mascara and the “100% Natural” Burt’s Bees Lip Balm. More products may be added at a later date.

PFAS have certain benefits for cosmetics. The complaint quotes from a paper at the American Chemical Society (ACS) that says they provide “hydrophobicity and film-forming ability, which are thought to increase product wear, durability, and spreadability.” The complaint alleges, “PFAS, however, are also a group of definitively non-natural chemicals with kown harmful effects on people and the environment.”

The complaint quotes the Biden-Harris Administration as announcing, in October 2021, “accelerated efforts to protect Americans from per- and polyfluoroalkyl substances (PFAS), which can cause severe health problems and persist in the environment once released, posing a serious threat across rural, suburban, and urban areas.”

PFAS are not “natural” substances, the complaint alleges, but “a group of synthetic chemicals known to be toxic to humans, even at very low levels. Furthermore, PFAS are considered ‘forever chemicals,’ meaning they do not break down naturally in the environment. Uses of PFAS in the manufacturing of cosmetics and other products leads to the accumulation of PFAS in soil, water, humans, and elsewhere in the environment, threatening other organisms.”

The complaint alleges that the “natural” representations on the products deceive consumers into believing that they are made without any unnatural chemicals, and that in doing this, the company can sell more products, at higher prices, than it would be able to if it did not make the false representations. Those who bought the cosmetics, the says, received a product of less value than they paid for.

The complaint thus claims that the false, “100% Natural” advertising for the products was knowing and intentional.

The counts include unlawful, deceptive, and fraudulent business acts and practices, breach of express warranty, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer
Tags: All Natural Claims, Contains Substance It Claims Not to Contain, Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals