Class Action Challenges ‘2X More Loads’ Claim on Arm & Hammer Laundry Detergent Labels [DISMISSED]
Last Updated on April 3, 2023
Hong v. Church & Dwight Co. Inc.
Filed: June 12, 2022 ◆§ 1:22-cv-03459
A proposed class action alleges certain containers of Arm & Hammer laundry detergent do not contain enough product to allow a consumer to do “2X More Loads” as advertised.
April 3, 2023 – Arm & Hammer Laundry Detergent Class Action Voluntarily Dismissed by Plaintiff
The proposed class action lawsuit outlined on this page was voluntarily dismissed by the plaintiff on January 5, 2023.
Court records cite “apparently productive discussions between the parties” in December 2022 about whether the case would proceed, and the plaintiff voluntarily dropped the suit the following month. On January 4, the plaintiff’s counsel filed a two-page notice of dismissal, which United States District Judge Eric N. Vitaliano granted the next day.
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A proposed class action alleges certain containers of Arm & Hammer laundry detergent do not contain enough product to allow a consumer to do “2X More Loads” as advertised.
The 14-page complaint argues that the “2X More Loads” representation means that a 144.5 oz bottle contains not double the amount of product in comparison to the 67.5 oz Arm & Hammer detergent, but three times as much. The suit claims that, mathematically, a 144.5 oz container of Arm & Hammer detergent would need to contain 202.5 oz of product in order to provide a consumer with enough product to do “2X More Loads.”
From the complaint:
“Plaintiff believed and expected the Product contained enough to do as many loads of laundry as the 67.5 oz version plus two times the number of loads of laundry as the 67.5 oz version, for a total of three times the number of loads of laundry that could be done by the 67.5 oz version because that is what the representations and omissions said and implied, on the front label and the absence of any reference or statement elsewhere on the Product.”
Central to the suit is the contention that the marketing phrase “two times more” actually means “three multiplied by X,” a formula relayed by journalist Merrill Perlman:
“The Product does not state it will provide enough detergent for ‘twice’ or ‘double’ the number of loads compared to the 67.5 oz version, which would have been true,” the lawsuit states.
Consumers believe that a 144.5 oz bottle, which defendant Church & Dwight Co. Inc. claims contains enough for 107 loads, can be used for 107 loads plus twice the number of loads that can be done with a 67.5 oz bottle, the lawsuit argues.
“Consumers are misled to not get as much detergent as they were promised,” the suit alleges.
According to the case, the defendant sold more Arm & Hammer laundry detergent, and at higher prices, than it would have absent the apparently misleading product labeling.
The lawsuit looks to cover consumers in New York, Kansas, New Hampshire, Nebraska, Virginia, South Carolina, Montana, Iowa, Mississippi and Utah who bought Arm & Hammer “2X More Loads” laundry detergent within the applicable statute of limitations period.
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