believing the product was free of chemical sunscreens. protection statutes in California and New York, and by extension ", She said, "[If] my post helped even just one family, thats enough for me. products are applied directly to the skin, such as sunscreens, diaper The deception allows Babyganics to charge premium prices for its products, a practice that has unjustly enriched the company to the tune of millions of dollars, the complaint alleges. Her baby underwent an EEG to check her brain activity for any medical disorders, which came back normal. The lawsuit alleges that the Babyganics name violates various consumer protection statutes in California and New York, and by extension throughout the United States, since Babyganics products are marketed through various retail channels on a national basis. The Babyganics business is built on the idea that consumers will pay more for organically-based products, because they perceive them to be more healthful and life-enhancing, the complaint states. She added: "Im not claiming Babyganics caused my daughter's issues, but in the midst of our research to find the cause we came across the toxicity of these ingredients and wanted to share with other parents.". that consumers have become increasingly concerned about the effects of The controversy soon made its way to Instagram, where more people started to post against the brand. products. A Florida mom has caused an online firestorm after linking her daughter's seizures to ingredients in sunscreen a claim that went viral, but which experts told BuzzFeed News has no scientific backing. Another brand of baby wipes, Targets Up & Up line, was also the focus of a class-action lawsuit earlier this year. has served as lead Lim said neither chemical has ever caused any "known problem or danger" in children, nor has either ingredient been associated with any reported neurological side effect. The lawsuit asks the court to award class damages from KAS/Babyganics in excess of $5 million and to require the company to cease using marketing practices that falsely portray it as an organic company making organically based products. alleging that the company uses deceptive marketing and business product shall be sold as organic pursuant to this article unless it is Please be patient. According to Business Wire, a class action complaint was filed in a federal district court in New York in September of 2016. and maintains offices in California, New Jersey, and Pennsylvania. rash rubs, insect repellents, and hand and face wipes. Address: Keep out of eyes. Babyganics differentiates itself falsely by making products free of Rackley said she began researching octisalate and octinoxate, the chemicals in the Babyganics sunscreen she had put on her child. In reviews on sites like Amazon, numerous consumers have also claimed that the products have hurt their childrens eyes, making statements such as My daughter cries hurts eyes! every time we used it, and This definitely stings my little ones eyes like crazy, making it unusable.. about organic products, despite the inclusion of laboratory-derived through various retail channels on a national basis. percent annual growth rate for the previous three years. She wrote that she wanted to share publicly on her page to "get the word out to family and friends" and noted, like Rackley, that octisalate and octinoxate are used in many sunscreens besides Babyganics. So successful was Babyganics strategy that it appeared on the Inc. 5000 list of fastest growing private companies in America in 2014, after reporting a 277 percent annual growth rate for the previous three years. Write to the Court about why you think the settlement is unfair, inadequate, or unreasonable. Babyganics said it uses "both mineral/physical and chemical active sunscreen ingredients" in its formulations and reiterated that its sunscreens followed all FDA guidelines. The Best Skin Care and Hair Care Products for Kids, 9 Smart Ways to Protect Your Child's Skin, 6 Unique and Natural Baby Skincare Brands We Love, The 30 Best Skin Care Products for Kids Right Now, How to Avoid Hidden Toxins During Pregnancy, The 18 Best Kids Mattresses for Every Age and Type of Sleeper, How Safe Are Essential Oils? All Rights Reserved. The Babyganics business is built on the idea that consumers will I encourage any consumer who believes they are victims of The settlement will also resolve claims relating to Babyganics products labeled with the terms plant-based, tear-free and SPF 50+. The eligibleproduct list includes all Babyganics product lines, scents and/or unit sizes. Heather Marcoux be more healthful and life-enhancing, the complaint states. "We make sure all our products (and each and every ingredient that goes into them) are the kind of products that we would use on our own children," the spokesperson said. Jane the Virgin star Gina Rodriguez adorably announces first pregnancy! You can find out more and change our default settings with Cookies Settings. The company is asking Rackley to get in touch with it directly. If you purchased any Babyganics products between Sept. 7, 2010, and June 26, 2018, listen up. transaction basis, be practical to litigate. The complaint further alleges that Babyganics charged premium prices for a less than premium product. To submit a claim, just complete and submit the form either onlineor by downloading itand mailing it toBabyganics Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. However, she did post about her experience on Facebook. However, she told BuzzFeed News she has no formal partnership with the company and only shared the code, which any customer can get, because she liked the brand. Yet the companys marketing has made them appear as the organic and therefore safer and healthier if costlier alternative to thousands of American parents concerned about reducing their babies physical exposure at home to potentially harmful synthetic chemicals the complaint alleges. "Ive been using this head to toe all week at the river and I am SO sick, I wonder if it messed up my immune system.. what a bummer. publications regarding their class action practice, including: Law360, marketing convinced her that Babyganics products were worth the premium Harris also wrote, "Please dont assume these chemicals are the cause of any symptoms without further testing.". To ensure the most secure and best overall experience on our website we recommend the latest versions of, Internet Explorer is no longer supported. Especially if the words on the label are misleading or inaccurate. In addition to being a regular contributor to Parents.com, her bylines appear on InStyle, Shape, What to Expect, Cosmopolitan, et al. scrutiny in Europe for potentially harmful human impacts. organics, was deliberately selected to suggest to consumers that A graduate of Emerson College, she's based in Los Angeles. While the suit sought at least $5 million in damages, Babyganics settled for $2.215 million. "We utilize plant-based, natural and certified organic ingredients (on our product labels, certified organic ingredients are highlighted with an asterisk (*), in accordance with COPA standards), as well as carefully chosen synthetics or preservatives needed to create the most gentle, most effective formulas we can. He said both are commonly used in the US "without any reported internal side effects." The company claims to thoroughly test every product [] to make sure that the product is safe to use on and around babies. This includes its line of tear free products. KAS Direct admits no wrongdoing under the terms of the Babyganics organic class action settlement agreement. including consumer class actions. On the Babyganics' site under "Our Standards," they note, "We always start with plant-based and plant-derived ingredients, organic when practical, as well as carefully chosen synthetics or preservatives needed to create the kind of formulas that work effectively and that parents can feel good about using around their babies.. "There is no evidence that these ingredients are harmful at the amounts used in sunscreen as well as no evidence that they cause seizures, either," she said. After noticing her daughter spacing out again and her hands tremoring over the weekend, she said, she brought her baby to a doctor who asked if they had used sunscreen. short of meeting the legal standard for labeling a product as organic, Her child developed a skin rash from using Lim said that the current recommendation is for parents to not use sunscreen on babies under the age of 6 months, but rather dress them in clothing that covers them while outside. Plantiffs in the case alleged that they and other consumers bought products like lotions, toothpaste, shampoo, diaper rash cream, and sunscreen from KAS Direct (the company behind Babyganics), based on advertising touting the products as organic. Popular baby product brand, Babyganics settled for $2.215 million, an amount set aside by the maker, KAS Direct LLC in a suit alleging misleading advertisement and marketing of their products. attorneys have contributed to or been featured in various well known free of chemical sunscreens. According to the complaint, the Babyganics deception begins with the Under the terms of the settlement, Babyganics admits no wrongdoing and has agreed to update product packaging and advertising. We are talking about calling products organic that contain potentially harmful chemicalswe will fight hard to right what we believe is a wrong, says Melissa Wolchansky, attorney with Minneapolis-based Halunen Law, one of three law firms filing the class action lawsuit on behalf of plaintiffs Tanya Mayhew in New York and Tanveer Alibhai in California. Your Notice of Intent to Appear must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date. Parents have filed a class-action lawsuit alleging. While the settlement fund is $2,215,000, the amount received by each member of the lawsuit will be determined after all claims have been calculated, and it will be based on how many people submit a claim. Cuneo Gilbert & LaDuca has litigated scores of defective building Most Babyganics infant care brand name itself, which implies to consumers that the company is all plaintiffs Tanya Mayhew in New York and Tanveer Alibhai in California.