LuxClub Lawsuit Alleges ‘Eco-Friendly’ Bamboo Bed Sheets Are Falsely Advertised
Guerrero v. LuxClub, Inc.
Filed: June 21, 2024 ◆§ 1:24-cv-00721
A proposed class action lawsuit alleges LuxClub has falsely advertised its purportedly eco-friendly bamboo bed sheets.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action lawsuit alleges LuxClub has falsely advertised its purportedly eco-friendly bamboo bed sheets in that the products are neither environmentally friendly nor contain bamboo by the time they’re sold to consumers.
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The 26-page LuxClub lawsuit says the bed sheets at issue are, in truth, made of viscose, or rayon, a fabric derived from highly processed bamboo that contains no bamboo in its final form, and microfiber, a synthetic fiber made from polyester. The case stresses that bamboo cannot be made into soft fabrics, such as bed sheets, without “extreme, environmentally harmful practices” that ultimately leave no trace of the original bamboo used during manufacturing.
According to the complaint, the plaintiff, a California consumer, notified Brooklyn-based LuxClub of the conduct at issue under California’s Consumers Legal Remedies Act, and the company, in response, removed the word “bamboo” from some of the sheets’ marketing and advertising online. However, LuxClub continues to tout the products as “eco-friendly,” even though the manufacturing process to make viscose/rayon from bamboo and microfiber is environmentally harmful, the case says.
“Because the Products are not made from bamboo, and they are not eco-friendly, the marketing of the Products was false and misleading,” the suit summarizes.
Per the case, LuxClub has removed some, but not every, instance of the word bamboo from its advertising and marketing, as evident in Google search results that show the company’s website has the title “The Internet’s Favorite Bamboo Sheets.” Several webpages on LuxClub’s website also still include the word bamboo with no disclaimer as to the products’ fabric content, the complaint relays.
The suit shares that the Federal Trade Commission (FTC) has advised companies not to describe any fabric made from a blend of microfiber and viscose (rayon) as bamboo, but rather as “rayon,” and not to describe products as “eco-friendly” given the “ecological damage caused by creating rayon/viscose from bamboo.”
“Thus, describing the Products as ‘bamboo’ without a disclosure is deceptive, even if LuxClub now admits its Products contain microfiber,” the case contends.
The LuxClub lawsuit looks to cover all persons who bought at least one LuxClub bed sheet product in California online within the applicable statute of limitations period.
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