Avocado Mattress Products Not as ‘Green’ as Advertised, Class Action Alleges [UPDATE: DISMISSED]

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Avocado Mattress has falsely advertised its latex mattresses, pillows and mattress toppers as free of synthetic and nontoxic chemicals. 

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 57-page complaint says that contrary to Avocado’s public statements, “virtually every stage of the manufacturing process,” from “harvesting and stabilization to vulcanization and drying,” involves the use of synthetic chemicals, some of which are “known toxins” that end up in the company’s products. 

Although Avocado repeatedly touts its products, among other “natural,” “eco” and “organic” representations, as “Made Safe Certified,” a designation that the company says signifies that the items have been developed with “100 percent healthy ingredients,” this claim is false, the case alleges. In particular, the suit contends that the “Made Safe Certified” designation, overseen by the group Nontoxic Certified, does not mean that a product is made with “100 percent healthy ingredients,” only that the product’s ingredients have been cross-referenced against a database of known and suspected toxins. 

“It is unclear how Avocado obtained its MADE SAFE certification, given the toxic materials in the Products,” the lawsuit says. 

As the case tells it, Avocado “cannot claim ignorance” as to its products containing synthetic and/or harmful chemicals given that it repeatedly boasts that it controls the entire production chain for the items, “from the growing of rubber trees, to the harvesting of the natural rubber, to the manufacturing of the final products.” 

“Avocado intended to mislead consumers with its false advertising, and it has done so for years,” the suit charges. 

The lawsuit claims the following Avocado products are falsely advertised by the company:

• Avocado’s mattresses (marketed as the Avocado Green Mattress, Eco Organic Mattress, Luxury Organic Mattress, Eco Organic Kids Mattress, Eco Organic Crib Mattress, Organic Crib Mattress, Luxury Organic Crib Mattress, Avocado Vegan Mattress, and Avocado Latex Mattress);
• Avocado’s pillows (marketed as the Avocado Green Pillow, Avocado Molded Latex Pillow, Luxury Organic Plush Pillow, Organic Latex Wedge Pillow Set, Organic Toddler Pillow, Organic Mini Pillow, and Mini Molded Latex Pillow); and
• Avocado’s mattress toppers (marketed as the Eco Organic Mattress Topper, Organic Latex Mattress Topper, Luxury Organic Mattress Topper, and Vegan Mattress Topper).

The case goes on to say that despite comparing its products to those that use petroleum-based ingredients, Avocado “neglects to mention that its own products contain significant amounts of hydrocarbon oil,” which is petroleum-based. 

Further, Avocado’s ad content is “designed to mislead consumers” into believing its manufacturing process is entirely natural and chemical-free, the suit alleges. Online, the company even shows images that purport to show raw latex being mixed into a foam and poured into molds, the case relays. 

“At no time does Avocado disclose to consumers that it uses chemicals—let alone toxic chemicals—during the manufacturing process, and that those chemicals end up in the final Products that consumers purchase and use,” the suit claims. 

According to the lawsuit, lab testing commissioned by the plaintiff’s lawyers found that Avocado’s latex Green mattress contains “a litany of synthetic chemicals,” including Wingstay-L, pentyl furan, ZDEC, MBT/MBTS, DPG, and naphthenic hydrocarbon oils. The filing summarizes that it is “commercially infeasible” for Avocado or anyone else to make a latex mattress using only rubber from a rubber tree, as the rubber must be subject to vulcanization, wherein the rubber is cross-linked with a chemical such as sulfur, for stability. 

“Because of Defendant’s misrepresentations and deception, Plaintiffs and Class Members purchased the Avocado Products over competing products and paid a premium for those Products. Had Plaintiffs and Class Members known that the Products were not ‘natural,’ ‘organic,’ ‘non-toxic,’ ‘certified organic,’ ‘healthy,’ ‘eco,’ ‘green,’ ‘pure,’ and/or ‘pure & natural,’ they would not have purchased the Products, or they would have paid significantly less for them.”

The lawsuit looks to cover all persons who bought any of the Avocado Mattress products listed on this page in the United States. 

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.