Industry News: California Files Mislabeling Lawsuit against Natural Brands
California’s Attorney General sued four natural personal care brands for failing to warn customers on product labels about products that allegedly contain high levels of a carcinogen. California’s Proposition 65 requires consumer products containing toxic levels of chemicals known to cause cancer to carry “clear and reasonable” warning labels.
The brands accused include Avalon Natural Products, manufacturer of the Avalon Organics and Alba brands; Whole Foods Market, manufacturer of the Whole Foods 365 brand; Beaumont Products, manufacturer of the Citrus Magic brand; and NutriBiotic.
The state’s accusations are a reaction to a study released this March by the Organic Consumers Association (OCA), as well as the state’s own testing. According to the OCA study, the accused companies have sold products that test close to or in excess of 20 parts per million for the carcinogen 1,4-dioxane.
According to OCA, by early June, only Beaumont Products responded to the allegations by saying that it reformulated its products to remove the carcinogen.
“The OCA’s 1,4-dioxane study elevated the issue of fake ‘natural’ and ‘organic’ brands that utilize petrochemicals in their formulas, and now we are seeing labeling enforcement on a scale never seen before,” commented Ronnie Cummins, OCA’s national director.
Under California’s Prop. 65, fines for mislabeled products containing toxic levels of 1,4-dioxane are as high as $2500 per day for each violation. The carcinogen is a by-product of ethylene oxide, which is often used as a surfactant in personal care products.