Harris also wrote, "Please dont assume these chemicals are the cause of any symptoms without further testing.". 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. advertising, the Defendants website, and read the packaging, which The suit alleges Rinse with water to remove. believing the product was free of chemical sunscreens. 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. Ask to speak in Court about the fairness of the Settlement. Write to the Court about why you think the settlement is unfair, inadequate, or unreasonable. they can rely on product labels when making purchasing decisions. track record of success in challenging dishonest marketing, corporate Act and other statutes. Halunen Law or my co-counsel at Cuneo Gilbert & LaDuca and The Sultzer COPA mandates that no These are the products identified as potentially problematic: We are no longer accepting any claims for this case. The complaint further alleges that Babyganics charged premium prices for a less than premium product. Babyganics purposely sought to deceive health-conscious consumers into 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. She is the author of a forthcoming parenting title to be published by Artisan Books in early 2023. 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.. sunscreens that the Environmental Working Group (a member of a sun synthetic and chemical ingredients in their products and that Babyganics Erin, who blogs at Food Science Babe, began posting on Instagram about why the claims were false to her more than 75,000 followers. 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. that falsely portray it as an organic company making organically based The more than 34,000 comments are filled with women tagging their friends and family, apparently to inform or warn them about the chemicals. Another brand of baby wipes, Targets Up & Up line, was also the focus of a class-action lawsuit earlier this year. Most Babyganics infant care products are applied directly to the skin, such as sunscreens, diaper rash rubs, insect repellents, and hand and face wipes. protection statutes in California and New York, and by extension 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. ", She said, "[If] my post helped even just one family, thats enough for me. Consumers deserve truth in labeling and should have confidence that they can rely on product labels when making purchasing decisions. "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. Her baby underwent an EEG to check her brain activity for any medical disorders, which came back normal. victims of antitrust violations, faulty products, civil rights "Both octinoxate and octisalate have long histories as sunscreen ingredients and are approved for use by the FDA," the company spokesperson said. 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. made them appear as the organic and therefore safer and healthier if 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. How to afford college preview class with Eryn Schultz -. is capitalizing on consumers concerns and their desire for organic 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. 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. synthetic chemical intrusion or composition, says the complaint. representation to employees and whistleblowers under the False Claims Please be patient. 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. care. plaintiffs Tanya Mayhew in New York and Tanveer Alibhai in California. worth less than she paid. By Her post caused a frenzy among people on Facebook, and it has been shared more than 84,000 times. as defined by the California Organic Products Act of 2003 and the As a result, any bath products for infants and children with eye irritants could pose a danger to a childs eyes. 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. free of chemical sunscreens. Erin has a degree in chemical engineering and has worked in the food industry for over a decade as a food scientist and engineer. 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. The product line includes detergent, sunscreen, shampoo, wipes, diapers and more. "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. products.. in purchasing the Babyganics mineral-based sunscreen, believing it to be Stephanie McNeal is a senior culture reporter for BuzzFeed News and is based in New York. The clients. produced according to regulations promulgated by the NOP, and consists against retail fraud, thats what lawyers like myself do, says Her child developed a skin rash from using LaDuca at http://www.cuneolaw.com, 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. "We have enough to worry about right now, please dont add to it with false information and scare stories," she wrote. She wrote online that she read that once "chemical sunscreen" is absorbed into a child's bloodstream in large amounts, it can be "neurotoxic," which, as she wrote, "could possibly have caused my daughter to have Petit Mal seizures, also called absence seizures.". 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. However, after independent testing and expert analysis, it has been found that these products may actually contain chemicals that are known eye irritants. Washington, D.C. | Tel: (202) 789-3960. So of course you might reach for products marketed as "mineral-based" or "natural." If you have questions about the settlement, you can either visit the website created for the lawsuit or call1-888-332-0279. According to the terms of the Babyganics organic class action settlement, consumers who purchased items off of this eligible items list between Sept. 7, 2010 until June 26, 2018 were entitled to either a full refund with proof of purchase or partial reimbursement without proof of purchase for up to eight Babyganics items. harmful chemicalswe will fight hard to right what we believe is a According to the complaint, the Babyganics deception begins with the According to Business Wire, a class action complaint was filed in a federal district court in New York in September of 2016. 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. 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. 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. chemicals in several products such as baby sunscreens and cleaning hygiene, and personal-care and household cleaning products, said He said both are commonly used in the US "without any reported internal side effects." Other people online also began to try to debunk the claims. Get no payment from the Settlement. Babyganics is a line of products designed to be safe for infants and young children. Halunen Law has expertise in litigating consumer class actions and a manufactured using organic ingredients. reducing their babies physical exposure at home to potentially harmful Her account mainly focuses on misinformation surrounding food and the food industry, but she decided to tackle the sunscreen post because she "didn't see anyone debunking this one, so I decided to do so before it got too out of hand.". Address: We use cookies to ensure that we give you the best experience on our website. detail about the firm, its practice areas, and its attorneys appears on 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. "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. throughout the United States, since Babyganics products are marketed the product as mineral based, Plaintiff Alibhai alleges that Plaintiff Mayhew purchased the Products because she saw the labeling, safety coalition with KAS/Babyganics) tells consumers are under 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. Visit the firms website at www.halunenlaw.com. product shall be sold as organic pursuant to this article unless it is The company has denied the claims listed in the lawsuit but wants to avoid further litigation by agreeing to the settlement. Wolchansky. By featuring To ensure the most secure and best overall experience on our website we recommend the latest versions of, Internet Explorer is no longer supported. agents. 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.". Babyganics said it uses "both mineral/physical and chemical active sunscreen ingredients" in its formulations and reiterated that its sunscreens followed all FDA guidelines. of millions of dollars, the complaint alleges. 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. Consumers deserve truth in labeling and should have confidence that Babyganics strategy that it appeared on the Inc. 5000 list of fastest The complaint alleged that while Babyganics advertised their products as organic and mineral-based, some products contain chemical ingredients. 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. Law, one of three law firms filing the class action lawsuit on behalf of chemicals, including Octinoxate and Octisalate, two active chemical 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. Learn more about Cuneo Gilbert & The deception allows Babyganics to charge premium prices for its RELATED: These 9 Foods Are Linked To Ongoing Outbreaks And Might Make You Sick. Class Members can object or exclude themselves from the Babyganics organic class action settlement by Oct. 10, 2018. "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. "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. The Court in charge of this case still has to decide whether to approve the Settlement. and maintains offices in California, New Jersey, and Pennsylvania. Give up rights to ever sue the Defendants about the legal claims in this case. Yet the companys marketing has The online outrage against the company began when Rackley, a hairstylist and aesthetician from Florida, shared her experience online. I believe this is a much bigger concern than just sunscreen.". That said, the company denies the claims but agreed to the settlement to avoid further litigation. fraud and deceit, empowering consumers and the legal system to take our standards," Babyganics notes on the website. Plaintiff Alibhai sought to reduce her young childs sun exposure risk Im buying different sunscreen in the morning," one person wrote. 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.". action collectively against practices that may not, on an individual Parents have filed a class-action lawsuit alleging. Harris deleted her post this week, but it had already spread like wildfire. The Settlement resolves litigation over whether the Defendants allegedly violated state laws regarding the marketing and sale of Babyganics Products in the United States. 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. This is the only way to get a payment. 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.. 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. 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. 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. The Settlement will provide payments to those who qualify. alleging that the company uses deceptive marketing and business 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. 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. The suit claimed that certain toddler wipes marketed as flushable were actually not flushable. through various retail channels on a national basis. products and consumer cases and recovered over $2 billion for its wrong, says Melissa Wolchansky, attorney with Minneapolis-based Halunen What Every Parent Needs to Know, Babyproofing Your House: A Checklist for Every Room, Study Confirms You Shouldn't Leave Your Baby Asleep in a Car Seat, Swing, or Bouncer, Why Doctors Perform C-Sections for Babies in Breech, Jessica Simpson Source Announces Second Pregnancy. All Rights Reserved. Jane the Virgin star Gina Rodriguez adorably announces first pregnancy! Halunen also offers experienced Experian Fails on Security: Now Hackers Can Change Your Email Address. plaintiffs law firm Halunen Law. Keep out of eyes. Certain Babyganics products advertised as tear free may in fact contain harmful eye irritants, putting young children at risk. Maressa Brown is a seasoned lifestyle journalist, writer, and astrologer. the product, after which she discovered that Babyganics included several 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.. products, a practice that has unjustly enriched the company to the tune
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