Dr. Bronner's Ups Ante in Lawsuit Against 'Organic'
Personal Care Cheaters
Monetary Damages Now Sought from Remaining Defendants Alongside Injunctive
Relief
Organic Consumers Asociation, July 1, 2009
Contact: Adam Eidinger, 202-744-2671 or
adam@drbronner.com
Ryan Fletcher, 202-641-0277 or
publicaffairs@drbronner.com
SAN FRANCISCO, CA - Dr. Bronner's Magic Soaps, the country's top selling
natural soap brand, has upped the ante in its bid to clean up the rampant
organic misbranding in personal care aisles. The family owned business filed
its Second Amended Complaint today in San Francisco Superior Court against
numerous personal care companies that use non-organic pesticide-intensive
agricultural and/or petrochemical material to make the main cleansing and
moisturizing ingredients of their misbranded "Organic" products. Defendants
include, among others: Hain-Celestial (Jason "Pure, Natural & Organic;
Avalon "Organics"); Levlad (Nature's Gate "Organics"); Kiss My Face
"Organic"; YSL Beaute Inc (Stella McCartney's "100% Organic Active
Ingredients"), Country Life (Desert Essence "Organics"); Giovanni "Organic
Cosmetics"; and the certifiers Ecocert and OASIS.
Former defendant Estee Lauder was dropped from the suit because it has not
in fact entered the market under its AVEDA brand with OASIS certified
products as it had earlier threatened to do. Former defendant Ikove agreed
to change its labeling practices of relevant products. However, the
remaining defendants continue to refuse to abide by basic organic consumer
criteria. Dr. Bronner's new complaint seeks damages in addition to
injunctive relief, for false advertising under the federal Lanham Act,
rather than simply the injunctive relief that Dr. Bronner's sought under
California's Unfair Competition Law (UCL). Filing under the federal Lanham
Act also keeps the case on a straightforward track to trial for product
misbranding and false advertising, instead of allowing it to be bogged down
in an appeals court arguing whether lost revenues are "restitutionary"
versus "compensatory" damages under the UCL. The entire Second Amended
Complaint along with background on the case is posted online at:
http://www.drbronner.com/usda_organic_body_care.html
The defendants' "Organic" or "Organics" products are composed mostly of
cleansing and moisturizing ingredients that are not organic, but that are
instead made from conventional agricultural and/or petrochemical material,
with organic water extracts or aloe vera for an organic green-wash.
"Organic consumers expect that the main cleansing and moisturizing
ingredients in "Organic" or "Organics" products are in fact made from
organic material, and are not simply conventional formulations with some
organic tea on top. If defendants cannot live up to their organic claims,
they need to drop those claims. The misleading organic noise created by
culprit companies' labeling practices, confuses, misleads and deceives
organic consumers who want to buy authentic organic personal care products,
the main ingredients of which are in fact made with certified organic, not
conventional or petrochemical, material, and are free of synthetic
preservatives. " said David Bronner, President of Dr. Bronner's Magic Soaps.
Dr. Bronner's has made clear that for defendants to make outright "Organic"
claims in branding or labeling (eg. "Organic Lotion" vs. "Lotion made with
Organic Aloe Vera"), products must at minimum be 95% organic, without
hydrogenating, sulfating or synthetically preserving ingredients; and the
main cleansing ingredients must be derived from organic rather than
conventional agricultural material. Dr. Bronner's products, in contrast to
the brands named in the lawsuit, contain cleansing and moisturizing
ingredients made only from certified organic oils, made without any use of
petrochemicals, and contain no petrochemical preservatives.
Organic Consumers Association
- 6771 South Silver Hill Drive, Finland MN 55603 To subscribe or visit go
to:
http://www.organicconsumers.org/ |