CALIFORNIA – Plaintiff Chelsea Garland filed a class action lawsuit, October 7, against Johnson & Johnson, in a California federal court, for falsely advertising its Neutrogena Makeup Remover Towelettes as plant-based.
According to the plaintiff’s attorneys, by 2023 the plant-based skincare market was worth $789.75 million and is projected to grow to $1.62 billion in the next 10 years.
They claim that in response to consumers’ desire for plant-based and natural products, many companies, including Johnson & Johnson, have marketed their products as being natural, plant-based in order to capture this expanding market.
However, an analysis of ingredients in the Neutrogena towelettes reveals that the majority of them – 13 of 15 ingredients are synthetic, non-plant based ingredients.
The court document lists product ingredients that include decyl isostearate, isopropyl isostearate, dimethicone, isohexadecane, and hexylene glycol.
“Defendant is a sophisticated market participant and knows that consumers are willing to pay more for products that are plant-based because they are perceived as healthier alternatives to similar products that contain synthetic chemicals,” said the court document.
68% of US executives admit their companies are guilty of greenwashing
Greenwashing refers to the practice where companies make misleading or unsubstantiated claims about the environmental benefits of a product, service, or their overall practices.
Zippia.com says 68% of US executives admit their companies are guilty of greenwashing. Many top companies, including Volkswagen and Starbucks, are guilty of greenwashing.
Volkswagen owes over $33 billion in fines due to greenwashing.
The class action against Johnson & Johnson calls attention to the Federal Trade Commission’s (FTC) Green Guides help marketers avoid deceptive environmental claims.
“Among its examples, the Green Guides specifically call out “plant-based” claims stating that “[m]arketers… are responsible for substantiating consumers’ reasonable understanding of …. “plant-based,” in the context of their advertisements.”
The plaintiff’s attorneys are arguing that the inclusion of the term “plant-based” in the Green Guides shows that this term is important, or material, to consumers. This means that “plant-based” claims are significant enough to influence a reasonable consumer’s purchasing decision.
Class action
Garland wants to represent a nationwide class and California class of consumers who bought the Neutrogena Makeup Remover Towelettes during the statute of limitations periods.
She is asking for a jury trial and wants the court to issue a formal decision on the case, stop the company from continuing the false advertising, and pay money as compensation.
The Neutrogena class action lawsuit is Garland, et al. v. Johnson & Johnson Consumer, Inc., Case No. 3:24-cv-01795, in the U.S. District Court for the Southern District of California.
