A class action lawsuit has been filed in federal district court in New York against KAS Direct LLC, alleging that the company uses deceptive marketing and business practices to promote its Babyganics line of infant-oriented health, hygiene, and personal-care and household cleaning products.
The suit alleges that consumers have become increasingly concerned about the effects of synthetic and chemical ingredients in their products and that Babyganics is capitalizing on consumers’ concerns and their desire for “organic products.” The plaintiffs—two consumers from New York and California—are being represented by law firm Halunen Law.
The lawsuit alleges that the Babyganics name violates various consumer protection statutes in California and New York, and by extension throughout the United States, since Babyganics products are marketed through various retail channels on a national basis. The lawsuit asks the court to award class damages from KAS/Babyganics in excess of $5 million and to require the company to cease using marketing practices that falsely portray it as an organic company making organically based products. Babyganics was recently acquired by SC Johnson.
The FTC and the USDA National Organic Program are meeting in October to discuss the marketing of what they consider to be “non-agricultural” products such as personal care and cosmetic items. They will be taking public comments on how the marketing of these items should be regulated. (See more)