in Newswire Published on February 16, 2024

Class Action Says Ingredients in Herbal Essences, Pantene Products Not as ‘Naturally Derived’ as Advertised

McWhorter et al. v. The Procter & Gamble Company

Filed: February 9, 2024 ◆§ 4:24-cv-00806

A class action claims P&G falsely advertises certain Herbal Essences and Pantene products as made with “natural-origin” or “naturally derived” ingredients.

Defendant(s)

The Procter & Gamble Company

Law(s)

California Business and Professions Code California Consumers Legal Remedies Act

State(s)

California

Categories

Retail False Advertising Fraud Beauty

A proposed class action claims the Procter & Gamble Company (P&G) has misled consumers by advertising that certain Herbal Essences and Pantene shampoos and conditioners are made predominantly with “natural-origin” or “naturally derived” ingredients, when, in fact, the products consist primarily of synthetic chemicals.

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According to the 61-page lawsuit, the labels state that the hair care products are made with high percentages of ingredients from natural sources. Per the suit, images of nature and statements like “90% Natural-Origin Ingredients” and “97% Naturally Derived Ingredients” are found on the front and back labels of numerous Herbal Essences and Pantene products, such as the Pantene Essential Botanicals and Herbal Essences Real Botanicals and Certified PurePlants varieties.

Contrary to these representations, however, the ingredients in the shampoos and conditioners at issue are predominately produced through industrial chemical processes, the case alleges.

In fact, out of the many components included in the products’ ingredients lists, only a handful are truly obtained from natural sources, and many of the ingredients are used in other hair care products that “are not—and never have been—considered ‘natural-origin,’” the filing relays.

“For example, of the 24 ingredients listed for the Essential Botanicals Passion Fruit & Cocoa Butter Shampoo, 18 are industrially-produced chemicals that most consumers would not identify as ‘natural’ or ‘naturally derived,’ including one (citric acid) produced using industrial fermentation processes. One additional ingredient (‘fragrance’) is of ambiguous origin, though most consumer product fragrances are industrially-produced. Only water, sodium chloride, lemon peel oil, passion fruit extract, and cocoa butter are unequivocally natural in origin. Accordingly, if one were assessing the ‘% naturally derived ingredients’ by number of ingredients, at most 25% of the Essential Botanical ingredients are naturally derived.”

The lawsuit argues that although the “natural” representations are boldly emphasized, what is less obvious to consumers is the adjacent asterisk pointing to a back-label disclaimer that states the components are “[n]atural source ingredients with limited processing and purified water.” Per the suit, the disclaimer adds, “[a]fter processing, natural source ingredients maintain ≥50% of their natural origin material.”

In addition, the product representations are misleading because the advertised percentages are calculated using a complicated method that was developed for chemists and is neither intended nor appropriate for use in product labeling, the case charges.

The use of this method allows P&G to “gaslight consumers” and “greenwash” the items by mischaracterizing synthetic ingredients as “naturally derived” or of “natural origin,” which makes the hair care products seem safer and more environmentally friendly, the complaint claims.

The filing challenges the “natural-origin” and “naturally derived” ingredients claims on all varieties of Herbal Essences and Pantene shampoos, conditioners and hair masks, including at least:

Herbal Essences Real Botanicals Repair Argan Oil Shampoo and Conditioner;
Herbal Essences Real Botanicals Hydrate Moisture Coconut Milk Shampoo and Conditioner;
Herbal Essences Real Botanicals Naked Volume White Grapefruit & Mint Shampoo and Conditioner;
Herbal Essences Real Botanicals Golden Moringa Oil Shampoo and Conditioner;
Herbal Essences Real Botanicals White Charcoal Conditioner;
Herbal Essences Real Botanicals White Strawberry & Sweet Mint Shampoo and Conditioner;
Herbal Essences Real Botanicals Blue Ginger & Micellar Water Shampoo and Blue Ginger Conditioner;
Herbal Essences Real Botanicals Honey & Vitamin B Shampoo and Conditioner;
Herbal Essences Real Botanicals Rosemary & Herb Conditioner;
Herbal Essences Certified PurePlants Coconut Oil Conditioner;
Herbal Essences Certified PurePlants Argan Oil Shampoo and Conditioner;
Herbal Essences Certified PurePlants Sulfate-Free Honey Shampoo and Conditioner;
Herbal Essences Certified PurePlants Sulfate-Free Hemp Oil Shampoo and Conditioner;
Pantene Essential Botanicals Apricot & Shea Butter Infused Shampoo & Conditioner;
Pantene Essential Botanicals Passion Fruit and Cocoa Butter Moisturizing Shampoo & Conditioner;
Pantene Essential Botanicals Apple & Honeysuckle Shampoo & Conditioner; and
Pantene Essential Botanical White Tea & Cucumber Volumizing Shampoo & Conditioner.

The lawsuit looks to represent anyone who purchased any of the products listed above in California since February 9, 2024.

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