ECOS ‘Non-Toxic’ Cleaning Products Contain Harmful Ingredients, Class Action Alleges
by Erin Shaak
Lizama et al. v. Venus Laboratories, Inc.
Filed: August 11, 2022 ◆§ 4:22-cv-00841
A lawsuit claims ECOS cleaning products are advertised as “non-toxic,” safe and environmentally friendly even though they contain harmful ingredients.
California Business and Professions Code California Consumers Legal Remedies Act Missouri Merchandising Practices Act
Missouri
A proposed class action alleges dozens of ECOS-brand personal and household cleaning products are advertised as “non-toxic,” safe and environmentally friendly even though they contain toxic ingredients known to cause harm to humans, animals and the environment.
According to the 79-page lawsuit, defendant Venus Laboratories, Inc. (who does business as Earth Friendly Products, Inc.) has attempted to “greenwash” the ECOS products (listed below) by marketing them as “non-toxic,” “safer,” “made without known carcinogens, reproductive toxins, or endocrine disruptors,” “climate positive,” “Earth Friendly” and “sustainable.”
The case claims these representations are false and misleading, however, because the products contain ingredients that pose a risk to humans, animals and the environment. Per the case, the products at issue each contain one or more “toxic, harmful, dangerous, and environmentally damaging ingredients,” such as phenoxyethanol, methylisothiazolinone, cocamidopropyl betaine, and lauramine oxide.
Per the suit, buyers of the ECOS products have been damaged financially by the defendant’s alleged misrepresentations in that they would not have purchased the items, or would have paid less for them, had they known some of the ingredients were toxic or harmful.
According to the case, Earth Friendly Products has sought to capitalize on consumers’ desire for safe and sustainable products by advertising its ECOS personal and cleaning products as non-toxic. Citing the Federal Trade Commission’s “Green Guides,” the lawsuit says consumers understand the term “non-toxic” to mean that the product “does not pose any risk to humans or the environment, including household pets.”
The suit alleges, however, that the ECOS products contain certain ingredients that can cause harm to humans, animals and the environment, including skin and respiratory tract irritation; damage to organs and genes; adverse reproductive effects and birth defects; nausea and vomiting; severe eye damage; a greater risk of cancer; and damage to aquatic life.
A table that purports to list the affected ECOS products and the harmful ingredients they contain can be found here.
The lawsuit alleges that consumers relied on the ECOS products’ representations when making purchasing decisions given most lack the scientific knowledge needed to verify “the true nature of the ingredients.”
“Discovering that the ingredients at their given concentrations in the Products are not ‘non-toxic,’ ‘safer,’ ‘made without known carcinogens, reproductive toxins, or endocrine disruptors,’ ‘climate positive,’ ‘Earth Friendly,’ and/or ‘sustainable’ and actually can cause harm to humans, animals and/or the environment requires a scientific investigation and knowledge of chemistry beyond that of the average consumer,” the complaint reads. “That is why, even though all of the ingredients listed above are identified on the back of the Products’ packaging in the ingredients list[], the reasonable consumer would not understand – nor are they expected to understand – that these ingredients are toxic, harmful, dangerous, and environmentally damaging.”
The lawsuit looks to represent anyone in the U.S. who, within the relevant statute of limitations period, purchased any of the following products for personal, family or household use:
- ECOS All-Purpose Cleaner - Parsley Plus
- ECOS All-Purpose Cleaner - Orange Plus
- ECOS Cream Cleanser – Lemon
- ECOS Fruit + Veggie Wash
- ECOS Furniture Polish + Cleaner – Orange
- ECOS Shower Cleaner - Tea Tree
- ECOS Stain + Odor Remover – Lemon
- ECOS Stainless Steel Cleaner + Polish
- ECOS Toilet Cleaner – Cedar
- ECOS Window Cleaner – Vinegar
- ECOS Between Baths Grooming Spray – Peppermint
- ECOS Kitty Litter Deodorizer
- ECOS Hypoallergenic Laundry Detergent with Enzymes - Magnolia & Lily
- ECOS Liquidless Laundry Detergent Squares - Lavender Vanilla
- ECOS Liquidless Laundry Detergent Squares - Free & Clear
- ECOS Liquidless Laundry Detergent Squares - Magnolia & Lily
- ECOS Hypoallergenic Laundry Detergent Pack - Free & Clear
- ECOS Hypoallergenic Hand Soap - Free & Clear
- ECOS Hypoallergenic Pet Shampoo – Peppermint
- ECOS Hypoallergenic Pet Shampoo – Fragrance Free
- ECOS Pet Stain & Odor Remover
- ECOS Hypoallergenic Dish Soap – Lavender
- ECOS Hypoallergenic Dish Soap - Bamboo Lemon
- ECOS Hypoallergenic Dish Soap – Grapefruit
- ECOS Hypoallergenic Dish Soap – Apricot
- ECOS Hypoallergenic Dish Soap – Pear
- ECOS Hypoallergenic Dishmate Dish Soap – Free & Clear
- ECOS Hypoallergenic Dishmate Dish Soap – Grapefruit
- ECOS Hypoallergenic Dishmate Dish Soap – Almond
- ECOS Wave Dishwasher Gel - Free & Clear
- ECOS Wave Dishwasher Packs - Free & Clear
- ECOS WaveJet Rinse Aid
- ECOS Hypoallergenic Hand Soap – Lavender
- ECOS Hypoallergenic Hand Soap – Lemongrass
- ECOS Hypoallergenic Hand Soap – Orange Blossom
- ECOS Hypoallergenic Laundry Detergent – Lavender
- ECOSNEXT Hypoallergenic Liquidless Laundry Detergent - Magnolia & Lily
- ECOSNEXT Hypoallergenic Liquidless Laundry Detergent – Lavender Vanilla
- ECOSNEXT Hypoallergenic Liquidless Laundry Detergent – Free & Clear
- ECOS Hypoallergenic Laundry Detergent with Enzymes - Free & Clear
- ECOS Hypoallergenic Laundry Detergent with Enzymes – Lavender
- ECOSBreeze Odor Eliminator - Magnolia & Lily
- ECOSBreeze Odor Eliminator – Lemongrass
- ECOSBreeze Odor Eliminator – Lavender Vanilla
- ECOS Hypoallergenic Dish Soap - Free & Clear
- ECOS Hypoallergenic Laundry Detergent - Magnolia & Lily
- ECOS Hypoallergenic Laundry Detergent – Lemongrass
- ECOS Hypoallergenic Baby Laundry Detergent - Free & Clear
- ECOS Hypoallergenic Baby Laundry Detergent - Lavender Chamomile
- ECOS Baby Bottle & Dish Wash - Free & Clear
- ECOS Baby Stain & Odor Remover
- ECOS Baby Toy & Table Cleaner - Free & Clear
The lawsuit notes that more ECOS household cleaning products may be added should they be found to fall “within the scope of this Complaint.”
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