products.. advertising, the Defendants website, and read the packaging, which including consumer class actions. The Sultzer Law Group, P.C. Under the terms of the settlement, Babyganics admits no wrongdoing and has agreed to update product packaging and advertising. "Both octinoxate and octisalate have long histories as sunscreen ingredients and are approved for use by the FDA," the company spokesperson said. against retail fraud, thats what lawyers like myself do, says Did you purchase any Babyganics products betweenSept. 7, 2010, and June 26, 2018? 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. 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. "FDA considers these to be safe and effective based on current information," he said. short of meeting the legal standard for labeling a product as organic, represented that the products are Organic and Mineral-Based. The I encourage any consumer who believes they are victims of How to afford college preview class with Eryn Schultz -. In the comments of her post, Rackley shared a kids bath products brand she uses called Tubby Todd and provided a discount code for others to try it. August 24, 2018. The Babyganics business is built on the idea that consumers will Law, one of three law firms filing the class action lawsuit on behalf of Certain Babyganics products advertised as tear free may in fact contain harmful eye irritants, putting young children at risk. Throwing it in the trash for sure," wrote another. 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. costlier alternative to thousands of American parents concerned about Class Members can object or exclude themselves from the Babyganics organic class action settlement by Oct. 10, 2018. in purchasing the Babyganics mineral-based sunscreen, believing it to be "We want to reassure our community that the safety of our products and the little ones who use them is our number one priority.". According to Business Wire, a class action complaint was filed in a federal district court in New York in September of 2016. Erin said she wants her followers, and any parent worried after reading Rackley's post, to know that one anecdotal account is not scientific evidence. plaintiffs Tanya Mayhew in New York and Tanveer Alibhai in California. Babyganics differentiates itself falsely by making products free of Washington, D.C. | Tel: (202) 789-3960. 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? Babyganics Tear Free Bath Products Class Action Lawsuit, 20 North Orange Ave, Suite 1600, Orlando, FL 32801, This site is designed to be accessible to and usable by people with and without disabilities. sunscreens that the Environmental Working Group (a member of a sun Since While the suit sought at least $5 million in damages, Babyganics settled for $2.215 million. In addition to being a regular contributor to Parents.com, her bylines appear on InStyle, Shape, What to Expect, Cosmopolitan, et al. I in no way am trying to bash Babyganics but I just wanted to share my experience in hopes of preventing this from happening to another baby," she wrote. When you visit this site, it may store or retrieve information on your browser, mostly in the form of cookies. Harris deleted her post this week, but it had already spread like wildfire. However, scientists told BuzzFeed News that the claims Rackley makes in the post have no scientific backing and that neither ingredient has ever been linked to seizures or any issue with children. 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. Internet Explorer presents a security risk. made them appear as the organic and therefore safer and healthier if But the brand said it made this change due to concerns about the chemical's effects on ocean reefs rather than the safety of children. To qualify for this settlement, you must have purchased the wipes betweenApril 18, 2010, and Oct. 31, 2014. Harris also wrote, "Please dont assume these chemicals are the cause of any symptoms without further testing.". talking about calling products organic that contain potentially 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. products, a practice that has unjustly enriched the company to the tune The baby aisle can be an overwhelming place for a new parent. synthetic and chemical ingredients in their products and that Babyganics And in order to guard against future confusion, KAS Direct was also required to update Babyganics products packaging and advertising, clarifying whether the ingredients in the product are organic. The suit alleges 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.". 3701 W. Alabama Ste 230, By submitting you agree to our Terms & Privacy Policy. agents. They are flooding the brand's social media pages with messages and posting warnings to other parents against using its products. Inside Counsel Magazine, Risk Management Magazine, and CNBC News. "Babies are so pure, everything we put on them affects them so much more than us," she said. Most Babyganics infant care A woman named Paige Harris, who didn't return a request for comment from BuzzFeed News, reshared Rackley's message in a public post on Facebook. Her post caused a frenzy among people on Facebook, and it has been shared more than 84,000 times. Rackley said she began researching octisalate and octinoxate, the chemicals in the Babyganics sunscreen she had put on her child. they can rely on product labels when making purchasing decisions. To ensure the most secure and best overall experience on our website, we recommend the latest versions of. The answer is no, but they do meet the company's own standards. Get no payment from the Settlement. "The mommy shaming got intense, as many people called me a liar and said I was trying to sell another product," Rackley said of the comments on Facebook, "so I decided to turn off notifications for the post and just let it go. If you purchased Babyganics products between September 7, 2010 and June 26, 2018 you might be eligible to receive a payment as part of the settlement. Chamomile Verbena Conditioning Shampoo + Body Wash, Orange Blossom Night Time Shampoo + Body Wash, Fragrance-Free Conditioning Shampoo + Body Wash, Fragrance-Free Moisturizing Therapy Cream Wash. If you continue to use this site we will assume that you are happy with it. Plaintiff Mayhew purchased the Products because she saw the labeling, Her child developed a skin rash from using clients. I thought I was making one of the best choices picking Babyganics but I was sadly mistaken. our standards," Babyganics notes on the website. attorneys have contributed to or been featured in various well known You may be eligible to receivea payment from a class-action lawsuit that allegesthat Babyganics violated certain laws in the marketing and sales of their products, including the use of the terms Babyganics, mineral-based and natural.. All Rights Reserved. prices she paid for them, when in fact she now believes the products are Act and other statutes. Claims can be filedonlineorby mail. Despite its name, the suit alleges that most Babyganics products are not manufactured using organic ingredients. Visit the firms website at www.halunenlaw.com. Babyganics products are sold online and at numerous stores including Buy Buy Baby, Target and Walmart. Experian Fails on Security: Now Hackers Can Change Your Email Address. Especially if the words on the label are misleading or inaccurate. 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. A proof of purchase is not required, butif you do not have proof of purchase, you can claim a maximum of eight products. be more healthful and life-enhancing, the complaint states. You may be eligible to participate in the proposed Settlement, if it is finally approved, if you purchased any Babyganics Products between September 7, 2010 and June 26, 2018. The Court in charge of this case still has to decide whether to approve the Settlement. The product line includes detergent, sunscreen, shampoo, wipes, diapers and more. More synthetic chemical intrusion or composition, says the complaint. throughout the United States, since Babyganics products are marketed The Babyganics name, itself an artificially contrived admixture of baby and organics, was deliberately selected to suggest to consumers that Babyganics differentiates itself falsely by making products free of synthetic chemical intrusion or composition, says the complaint. products. Her baby underwent an EEG to check her brain activity for any medical disorders, which came back normal. "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. ", She said, "[If] my post helped even just one family, thats enough for me. Experts told BuzzFeed News that despite the concerns over the two ingredients Rackley mentioned, octisalate and octinoxate, there is no scientific evidence that the chemicals have ever had any negative effect on children. believing the product was free of chemical sunscreens. focuses on complex civil litigation, "All of our products are formulated to meet our standards," Babyganics notes on the website. Parents have filed a class-action lawsuit alleging that the language used on Babyganics packaging (like the name "Babyganics" and terms like "mineral-based" and "natural") violated marketing laws. Other people online also began to try to debunk the claims. safety coalition with KAS/Babyganics) tells consumers are under These products include shampoos, bubble bath, body wash, and more. Furthermore, the company said it recently stopped using one of the chemicals, octinoxate, in its sunscreen. The suit claimed that certain toddler wipes marketed as flushable were actually not flushable. If you have questions about the settlement, you can either visit the website created for the lawsuit or call1-888-332-0279. FREE this week only! "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. produced according to regulations promulgated by the NOP, and consists The Read the notice carefully. Erin has a degree in chemical engineering and has worked in the food industry for over a decade as a food scientist and engineer. through various retail channels on a national basis. The Settlement resolves litigation over whether the Defendants allegedly violated state laws regarding the marketing and sale of Babyganics Products in the United States. detail about the firm, its practice areas, and its attorneys appears on You will need to file a Claim Form to get a payment from the Settlement. pay more for organically-based products, because they perceive them to So successful was the product, after which she discovered that Babyganics included several This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case. plaintiffs law firm Halunen Law. I believe this is a much bigger concern than just sunscreen.". By featuring We as individuals need to do our due diligence before we put things on our children and ourselves as some of the harmful chemicals have even been found in breastmilk. COPA mandates that no its founding in 2013, The Sultzer Law Group, P.C. entirely of products manufactured only from raw or processed Im buying different sunscreen in the morning," one person wrote. National Organics Program, the complaint alleges. "We have enough to worry about right now, please dont add to it with false information and scare stories," she wrote. The lawsuit asks Yet the companys marketing has Cuneo represents individuals and businesses that have been 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. chemicals in several products such as baby sunscreens and cleaning Erin, who blogs at Food Science Babe, began posting on Instagram about why the claims were false to her more than 75,000 followers. manufactured using organic ingredients. 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. The more than 34,000 comments are filled with women tagging their friends and family, apparently to inform or warn them about the chemicals. You can find out more and change our default settings with Cookies Settings. The spokesperson for Babyganics told BuzzFeed News that the company has been working to get in touch with those who posted the allegations, but "we appear to be blocked." Plaintiff Alibhai sought to reduce her young childs sun exposure risk Halunen Law has expertise in litigating consumer class actions and a Give up rights to ever sue the Defendants about the legal claims in this case. transaction basis, be practical to litigate. federal district court in New York today against KAS Direct LLC, On her Facebook page for Food Science Babe, Erin implored her followers to not share misinformation online. Cookies collect information about your preferences and your device and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. has served as lead Keep out of eyes. Dr. Henry W. Lim, an expert on sunscreen ingredients with the American Academy of Dermatology, told BuzzFeed News that both octisalate and octinoxate are both FDA-approved ultraviolet light filters that are used in many sunscreens in the US. worth less than she paid. LaDuca at http://www.cuneolaw.com, Babyganics is a line of products designed to be safe for infants and young children. Initially, she shared it to a private group for moms but later agreed to be tagged in a public post about it once it gained traction in the group. 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. 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. Parents have filed a class-action lawsuit alleging. systematic retail fraud to contact a class action law firm such as The controversy soon made its way to Instagram, where more people started to post against the brand. Babyganics writes on their website, 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.. If you do have proof of purchase, there is no limit to the number of products you can claim. the court to award class damages from KAS/Babyganics in excess of $5 The suit alleges that consumers have become increasingly concerned about the effects of synthetic and chemical ingredients in their products and that Babyganics is capitalizing on consumers concerns and their desire for organic products.. The post by Alyssa Rackley in a private Facebook group for moms in which she theorized that her baby daughter's seizures could be a reaction to chemicals in Babyganics sunscreen has led to an outpouring of concern from parents online. Please, Nintendo Threats Go Beyond Video Game Bad Guys Old Hardware Poses Security Risks. We've updated our Privacy Policy, which will go in to effect on September 1, 2022. class action suit against baby products brand Babyganics. of millions of dollars, the complaint alleges. "My first reaction was, wow, I can't believe this is going viral and that so many people are just believing a single anecdote based on no scientific evidence whatsoever," she said. This field is for validation purposes and should be left unchanged. Infants bathed with these supposed tear free Babyganics products are at risk of getting soap in their eyes, as young children do not always keep their eyes tightly closed during bathing. Wolchansky. We are According to Lim, recent studies have found that these chemicals "could be detected in blood after application on skin," but there is no information yet on what that exactly means. RELATED: These 9 Foods Are Linked To Ongoing Outbreaks And Might Make You Sick. organics, was deliberately selected to suggest to consumers that Babyganics name, itself an artificially contrived admixture of baby and For more information, see babyganicssettlement.com. She said she found "evidence of neurotoxic and endotoxic symptoms from the exposure to those chemicals," which she added are present in other sunscreens as well. 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. As a result, any bath products for infants and children with eye irritants could pose a danger to a childs eyes. reducing their babies physical exposure at home to potentially harmful This is the only way to get a payment. 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. The complaint alleged that while Babyganics advertised their products as organic and mineral-based, some products contain chemical ingredients. Erin, who asked to be identified by her first name in this story, told BuzzFeed News she decided to speak out against it after getting messages about it from multiple followers. 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. "We take this extremely seriously as no ingredient in our formulas has been shown to cause seizures, and we sincerely hope the parent will get in touch with us directly so we can better understand the story and help in any way we can," a spokesperson for the brand told BuzzFeed News. violations, and securities fraud. Heather Marcoux Another brand of baby wipes, Targets Up & Up line, was also the focus of a class-action lawsuit earlier this year. percent annual growth rate for the previous three years. Despite its name, the suit alleges that most Babyganics products are not Under the terms of the Babyganics organic class action settlement, Class Members will be entitled to either a full refund with proof of purchase or partial reimbursement without proof of purchase for up to eight Babyganics items. rash rubs, insect repellents, and hand and face wipes. Rackley said she chose not to do a toxicology test because she didn't want to "subject her to more poking and prodding than I believed she needed.". product shall be sold as organic pursuant to this article unless it is hygiene, and personal-care and household cleaning products, said Proof of purchase is not required, but the deadline to submit a claim is Sept. 7, 2018. "We take this extremely seriously as no ingredient in our formulas has been shown to cause seizures," the spokesperson said. According to the complaint, the Babyganics deception begins with the brand name itself, which implies to consumers that the company is all about organic products, despite the inclusion of laboratory-derived chemicals in several products such as baby sunscreens and cleaning agents. Babyganics denies the claims made in the lawsuit, but agreed to a proposed settlement, information about which it links to prominently on its website. One expert told BuzzFeed News the two chemicals in question have never caused any "known problem or danger" in children, and no neurological side effects have ever been reported. Rinse with water to remove. There is a limit of one claim form per household. You can submit a Claim Form online. Write to the Court about why you think the settlement is unfair, inadequate, or unreasonable. To ensure the most secure and best overall experience on our website we recommend the latest versions of, Internet Explorer is no longer supported. 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. "Sunscreens are regulated by the FDA as an over-the-counter drug and are subject to extensive regulations even more so than cosmetics and most skincare products.". The product line includes detergent, sunscreen, shampoo, wipes, diapers and more. With hope, suits like this will encourage baby product makers to be more transparent and direct in their marketing, for the sake of parents and their L.O.s. Cuneo Gilbert & LaDuca has litigated scores of defective building If swallowed, get medical help or contact a Poison Control Center right away. Phone: 713-963-8880, Baby Boy Born at 22 Weeks 'Graduates' From ICU Wearing Cap and Gown, A Quick and Easy Way to Teach Table Manners at Home. Ask to speak in Court about the fairness of the Settlement. 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. While many of them contain some organic ingredients, they fall Babyganics purposely sought to deceive health-conscious consumers into Law Group.. So of course you might reach for products marketed as "mineral-based" or "natural." However, after independent testing and expert analysis, it has been found that these products may actually contain chemicals that are known eye irritants. The online outrage against the company began when Rackley, a hairstylist and aesthetician from Florida, shared her experience online. ", She added, "The US allows thousands of ingredients to be used in our health and beauty products that are banned in many other countries. about organic products, despite the inclusion of laboratory-derived counsel in numerous high-profile consumer class action cases. The firm is headquartered in New York, Halunen also offers experienced After 66 days in the hospital, this 10-year-old Uvalde survivor gets sweet send-off, Abortion bans could have unintended consequences for fertility treatments like IVF. free of chemical sunscreens. "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. Maressa Brown is a seasoned lifestyle journalist, writer, and astrologer. NEW YORK & MINNEAPOLIS--(BUSINESS WIRE)--Consumers from New York and California filed a class action lawsuit in Rackley told BuzzFeed News she had spent two days at the pool with her 7-month-old baby, and afterward she noticed her child "spacing out a little." practices to promote its Babyganics line of infant-oriented health, KAS Direct admits no wrongdoing under the terms of the Babyganics organic class action settlement agreement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. The company has denied the claims listed in the lawsuit but wants to avoid further litigation by agreeing to the settlement. Most Babyganics infant care products are applied directly to the skin, such as sunscreens, diaper rash rubs, insect repellents, and hand and face wipes. The complaint further alleges that Babyganics charged premium prices for a less than premium product. The Settlement will provide payments to those who qualify. care. He said both are commonly used in the US "without any reported internal side effects." Unfortunately, false marketing is everywhere, and a class action suit against baby products brand Babyganics proved this in 2018. With so many brands and bottles to choose from, picking up baby shampoo or lotion can feel way more confusing than it needs to be. 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. 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. According to the complaint, the Babyganics deception begins with the All told, Babyganics markets dozens of products for infant and household Parents who bought impacted Babyganics goods ( here's a list of the 247 products ) can file a claim at babyganicssettlement.com , but you've got to do it before October 29, 2018, and if you want to pursue another lawsuit regarding these claims you need to exclude yourself by October 10, 2018. victims of antitrust violations, faulty products, civil rights scrutiny in Europe for potentially harmful human impacts. If you purchased any Babyganics products between Sept. 7, 2010, and June 26, 2018, listen up. that falsely portray it as an organic company making organically based Your legal rights are affected whether you act or dont act. fraud and deceit, empowering consumers and the legal system to take Consumers deserve truth in labeling and should have confidence that Taxotere side effects include permanent hair loss, Diabetes drug Invokana lawsuit information, Problems from Essure birth control procedure, https://dailymed.nlm.nih.gov/dailymed/drugInfo.cfm?setid=391a4ec3-b65b-4dbe-bc8f-cb67514c8ef1, http://www.skincancer.org/prevention/sun-protection/sunscreen, http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/2008/ucm116900.htm, http://www.thedermreview.com/phenoxyethanol/. JPMorgan Gold Traders Cheat Scam Have You Been Spoofed? that consumers have become increasingly concerned about the effects of brand name itself, which implies to consumers that the company is all alleging that the company uses deceptive marketing and business Address: We use cookies to ensure that we give you the best experience on our website. agricultural products., Class action lawsuits are an effective means for redressing marketplace A class action lawsuit filed in New York federal court alleges the use of deceptive marketing practices by the maker of Babyganics. synthetic chemicals the complaint alleges. The lawsuit alleges that the Babyganics name violates various consumer