“Falsely Advertised” Feminine Hygiene Product
“This is L Inc.,” a unit of Protector & Gamble, was recently sued by Illinois resident, Danielle Paulson, for misrepresentations and false advertising of its “100% organic” tampons.
The company manufactures, labels, and markets women’s hygiene products which are promoted as “100% Organic Core Tampons,” with “BPA-Free Plastic Applicators.” That kind of marketing appeals to consumers looking for “natural” products which are free of rayon, chlorine bleaching, dyes, and fragrances. Nevertheless, an examination of the back of the product’s label reveals that as much as 60% of the item consisted of polyester, paraffin, and titanium dioxide.
The complaint alleges that on the label, titanium dioxide is followed by the words “naturally occurring,” which actually misleads consumers. While it is a naturally occurring mineral, Paulson asserts that, when commercially produced, this ingredient undergoes a synthetic process which results in a compound distinct from the naturally occurring version.
In addition to alleging deceptive trade practices, the complaint avers a violation of consumer protection laws, that the company negligently misrepresented the product, has been unjustly enriched, and has breached the implied warranty of the product’s fitness for a particular purpose.
Paulson -- who not only seeks to bring the case on her own behalf, but on behalf of others similarly impacted by the deception -- hopes that the court will direct the correction of any misrepresentations, will award money damages, and grant legal fees and costs.
Does the “L” in “This is L Inc.” stand for LOSER?
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