Babyganics Lawsuit Brought Over Misleading Business Practice AllegationsSep 20, 2016
KAS Direct LLC, which also does business as Babyganics, has been accused in a recently filed class action lawsuit of touting its baby products as organic, despite the products are chemical based. The case has been filed in the U.S. District Court for the Southern District of New York.
The plaintiffs in this case accuse the Babyganics company of engaging in unlawful, unfair, deceptive, and misleading business practices over the way in which the firm marketed and sold its Babyganics products. The lawsuit names a number of products in the Babyganics line, which include baby products: Baby wipes, body wash, dish soap, laundry detergent, lotion, rash cream, shampoo, sunscreen, and toothpaste.
Lawsuit allegations include that KAS Direct LLC used the name "Babyganics" to give consumers the impression that the baby product line is organic. Allegations also include that the marketing materials used for Babyganics products are "replete with statements" that indicate the products are organic.
Specifically, plaintiffs mention the way in which Babyganics "mineral sunscreen" was marketed. Plaintiffs allege the sunscreen is comprised of a combination of mineral and chemical sunscreens despite being labeled "mineral-based." The lawsuit alleges that, "In fact, these Sunscreens are not mineral sunscreens, which use physical sunscreens such as Titanium Dioxide and Zinc Oxide that sit on top of the skin to deflect and scatter UV rays away from the skin." Rather, "...Defendant's 'mineral-based' sunscreens use a combination of physical sunscreens and chemical sunscreens, which penetrate the skin and absorb UV radiation," the plaintiffs allege.
The Babyganics class action lawsuit also alleges the sunscreens contain chemical ingredients including, octinoxate and octisalate.
Among other problems, The Environmental Working Group (EWG) and the European Commission found that octinoxate is an endocrine and environmental disrupter. The EWG also pointed out that octisalate is restricted in Japan and is restricted for use in some cosmetics based on concentration. Also, the chemical is a suspected environmental toxin, according to the Environment Canada Domestic Substance List.
While other Babyganics products are misrepresented as organic, according to lawsuit allegations, the products contain non-organic, synthetic ingredients. The Babyganics lawsuit also alleges violations of New York Business Law, California's Unfair Competition Law, California's Consumer Legal Remedies Act, California's Fair Advertising Law, and unjust enrichment.