Class Action Claims Kingsford Misleadingly Represents ‘100% Natural Hardwood’ Charcoal

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The Kingsford Products Company’s “100% Natural Hardwood Briquets” are neither entirely natural nor comprised only of hardwood as represented, a proposed class action claims.

According to the 16-page complaint, the representations made by Kingsford on bags of its “100% Natural Hardwood” charcoal, including the representation that the briquettes deliver a “Cleaner Burn,” mislead consumers into paying a premium price for a product worth less than they expected. 

The lawsuit says Kingsford’s product, unbeknownst to consumers, contains synthetic ingredients, such as borax, and wood scraps consisting not solely of hardwood, but of between three and eight percent sawdust. 

Per the suit, the front-label depiction of a green flame, which sits above the asterisked claim that the product delivers a “Cleaner Burn*,” leads consumers to believe the briquettes are more beneficial, or at least less harmful, to the environment than other fire sources, such as lump coal and propane. The case claims the asterisk is not enough to appropriately inform buyers that the touted attributes are only true when the product is compared to Kingsford’s original variety of charcoal, a caveat that’s noted in very small font on the bottom of the bag.

“Defendant’s misrepresentation and omissions were motivated to induce Plaintiff and the Class to purchase the Product in reliance of the claims,” the lawsuit alleges. “As a result of Defendant’s conduct and omissions, Plaintiff and the putative class purchased the Product, which failed to conform as promised.”

Consumers expect a product touted as 100-percent natural charcoal to contain only substances derived from nature, the suit relays. Explained in the case is that a growing number of buyers have come to prefer lump charcoal over briquettes because lump contains no fillers or additives, is more likely to be natural, burns hotter, lights faster and produces a smaller amount of ash once it burns out. 

Moreover, studies have shown that charcoal briquettes produce higher levels of carbon dioxide than lump charcoal and propane and are thus more harmful to the environment, the suit says, contending that Kingsford’s product can hardly be described accurately as producing a “cleaner burn.”

The lawsuit asserts that consumers lack the ability to test or verify Kingsford’s claims at the point of sale and therefore would not know, nor are they expected to know, the “true nature” of the product just by reading the labels. 

“The product is worth less than bargained for,” the case alleges. “Plaintiff and the Class paid a price premium for the Product.” 

The lawsuit, which echoes a similar suit filed recently over claims made about Royal Oak charcoal also touted as “100% Natural Hardwood,” looks to cover consumers in New York who bought Kingsford’s “100% Natural Hardwood” charcoal within the relevant statute of limitations. 

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