SAN FRANCISCO, CA - The family owned Dr. Bronner's Magic Soaps filed a lawsuit in California Superior Court today against numerous personal care brands to force them to stop making misleading organic labeling claims. Dr. Bronner's and the Organic Consumers Association (OCA) had warned offending brands that they faced litigation unless they committed to either drop their organic claims or reformulate away from main ingredients made from conventional agricultural and/or petrochemical material without any certified organic material. OCA has played the leading role in exposing and educating consumers about deceptive organic branding.
David Bronner, President of Dr. Bronner's Magic Soaps says, "We have been deeply disappointed and frustrated by companies in the 'natural' personal care space who have been screwing over organic consumers, engaging in misleading organic branding and label call-outs, on products that were not natural in the first place, let alone organic." Dr. Bronner's has determined, based on extensive surveys, that organic consumers expect that cleansing ingredients in branded and labeled soaps, shampoos and body washes that are labeled "Organic", "Organics" or "Made with Organic" will be from organic as distinct from conventional agricultural material, produced without synthetic fertilizers, herbicides or pesticides, and free of petrochemical compounds.
For example: The major cleansing ingredient in Jason "Pure, Natural & Organic" liquid soaps, body washes and shampoos is Sodium Myreth Sulfate, which involves ethoxylating a conventional non-organic fatty chain with the carcinogenic petrochemical Ethylene Oxide, which produces caricinogenic 1,4-Dioxane as a contaminant. The major cleansing ingredient in Avalon "Organics" soaps, bodywashes and shampoos, Cocamidopropyl Betaine, contains conventional non-organic agricultural material combined with the petrochemical Amdiopropyl Betaine. Nature's Gate "Organics" main cleansers are Disodium Laureth Sulfosuccinate (ethoxylated) and Cocamidopropyl Betaine. Kiss My Face "Obsessively Organic" cleansers are Olefin Sulfonate (a pure petrochemical) and Cocamidopropyl Betaine. Juice "Organics", Giovanni "Organic Cosmetics", Head "Organics", Desert Essence "Organics", and Ikove "Organic" all use Cocamdiopropyl Betaine as a main cleansing ingredient and no cleansers made from certified organic material. Due to the petrochemical compounds used to make the ingredient, Cocamidopropyl Betaine is contaminated with traces of Sodium monochloroacetate, Amidoamine (AA), and dimethylaminopropylamine (DMAPA). Amidoamine in particular is suspected of causing skin sensitization and allergic reactions even at very low levels for certain individuals. Organic consumers have a right to expect that the personal care products they purchase with organic branding or label claims, contain cleansing ingredients made from organic agricultural material, not conventional or petrochemical material, and thus have absolutely no petrochemical contaminants that could pose any concern.
Dr. Bronner's products, in contrast to the brands noted above, contain cleansing and moisturizing ingredients made only from certified organic oils, made without any use of petrochemicals, and contain no petrochemical preservatives. The misleading organic noise created by culprit companies' branding and labeling practices, interferes with organic consumers ability to distinguish personal care whose main ingredients are in fact made with certified organic, not conventional or petrochemical, material, free of synthetic preservatives.
Lawsuit Also Names Estee Lauder, Stella McCartney's CARE, Ecocert and OASIS
Ecocert is a French-based certifier with a standard that allows not only cleansing ingredients made from conventional versus organic agriculture, but also allows inclusion, in the cleansing ingredients contained in products labeled as "Made with Organic" ingredients, of certain petrochemicals such as Amidopropyl Betaine in Cocamidopropyl Betaine. Even worse, despite Ecocert's own regulations prohibiting the labeling as "Organic" of a product containing less than 100% organic content, Ecocert in practice engages in "creative misinterpretation" of its own rules in order to accommodate clients engaging in organic mislabeling. For instance, Ecocert certifies the Ikove brand's cleansing products to contain less than 50% organic content, noted in small text on the back of the product, where all cleansing ingredients are non-organic including Cocamidopropyl Betaine which contains petroleum compounds. Yet the product is labeled "Organic" Amazonian Avocado Bath & Shower Gel. Another instance is Stella McCartney's "100% Organic" CARE line certified by Ecocert that labels products as "100% Organic" that are not 100% Organic alongside ones that are; the labels of products that are not 100% organic simply insert the word "Active" before "Ingredients." In allowing such labeling, Ecocert simply ignores the requirements of its own certification standards. Furthermore, the primary organic content in most Ecocert certified products comes from "Flower Waters" in which up to 80% of the "organic" content consists merely of just regular tap water that Ecocert counts as "organic."
Explicitly relying on the weak Ecocert standard as precedent, the new Organic and Sustainable Industry Standard ("OASIS")—a standard indeed developed exclusively by certain members of the industry, primarily Estee Lauder, with no consumer input—will permit certification of products outright as "Organic" (rather than as "Made with Organic" ingredients) even if such products contain hydrogenated and sulfated cleansing ingredients such as Sodium Lauryl Sulfate made from conventional agricultural material grown with synthetic fertilizers, herbicides and pesticides, and preserved with synthetic petrochemical preservatives such as Ethylhexylglycerin and Phenoxyethanol. [Reference: OASIS Standard section 6.2 and Anti-Microbial List] The organic content is required to only be 85%, which in water and detergent-based personal care products, means organic water extracts and aloe vera will greenwash conventional synthetic cleansing ingredients and preservatives.
The OASIS standard is not merely useless but deliberately misleading to organic consumers looking for a reliable indicator of true "organic" product integrity in personal care. Organic consumers expect that cleansing ingredients in products labeled "Organic" be made from organic not conventional agriculture, to not be hydrogenated or sulfated, and to be free from synthetic petrochemical preservatives. Surprisingly, companies represented on the OASIS board, such as Hain (Jason "Pure, Natural & Organic"; Avalon "Organics") and Cosway (Head "Organics",) produce liquid soap, bodywash and shampoo products with petrochemicals in their cleansers even though use of petrochemicals in this way is not permitted even under the very permissible OASIS standard these companies have themselves developed and endorsed.
Ronnie Cummins, Executive Director of the OCA, said: "The pressure of imminent litigation outlined in cease and desist letters sent by OCA and Dr. Bronner’s in March prompted some serious discussion with some of the offending companies, but ultimately failed to resolve the core issues."