Suit: Hain Celestial Misrepresents Products as Organic

A federal class action claims The Hain Celestial Group misrepresents its Jason and Avalon Organics brand "personal care products" as organic when they actually contain less than 70% organic ingredients.

In the suit, filed in Alameda County, Calif., Superior Court, Rosminah Brown alleges that in September 2009, she purchased a Jason Ester-C Super-C Cleanser Facial Wash at a Whole Foods Market.

She said the front label of the product prominently stated that it was “Pure, Natural & Organic.” But, she said, of the 19 ingredients listed, only one was actually organic, as revealed when one closely studies the ingredients listed on the back of the “pure, natural, organic” product.

By the company's own admission, only Aloe Barbadensis (Aloe Vera) leaf gel is organic and it is not among the most prominent of the 19 ingredients, ranking ninth on the ingredient list, excluding water.

The products at issue are all intended to be rubbed, poured, sprinkled or sprayed onto or otherwise applied to the human body and are, therefore, “cosmetics” under California law, the suit argues, and thus are governed by state laws regarding labeling of cosmetics.

State law requires that cosmetic products sold as organic must contain at least 70% organically produced ingredients.

The suit cites other Hain Celestial products as having similar shortcomings:

• Jason Aloe Vera Soothing Body Scrub is labeled as organic yet lists only two of its 23 ingredients as organic.

• Baby Avalon Organics Silky Cornstarch Baby Powder is labeled as organic, yet only two of the seven ingredients are organic, according to the label.

• Jason Thin to Thick Extra Volume Conditioner is labeled as organic, as only four of the 32 ingredients are organic.

The suit seeks an injunction to prohibit future violations, a corrective advertising campaign, consumer redress, damages and legal fees.

Joining Brown in the suit is the Center for Environmental Health (CEH), an Oakland-based non-profit advocacy group.