OCA Files Legal Complaint with USDA Re: Organic Body Care and Cosmetics Labeling Fraud

January 14, 2010 |

Organic Consumers Association

The Organic Consumers Association (OCA), along with certified organic personal care brands Dr. Bronner’s Magic Soaps,  Intelligent Nutrients, and Organic Essence, today filed a complaint with the USDA National Organic Program (NOP), requesting an investigation into the widespread and blatantly deceptive labeling practices of leading “Organic” personal care brands, in violation of USDA NOP regulations. To view the complaint, go to: http://organicconsumers.org/bodycare.

The complaint, filed collectively on behalf of 50 million consumers of  organic products, argues that products such as liquid soaps, body washes, facial cleansers, shampoos, conditioners, moisturizing lotions, lip balms, make-up and other cosmetic products produced by twelve different corporations have been advertised, labeled and marketed as “Organic” or “Organics” when, in fact, the products are not “Organic” as understood by reasonable consumers. 

“Unfortunately, the hands-off regulatory approach by the USDA’s National Organic Program during the Bush years failed to protect consumers from deceptive labeling in the personal care marketplace,” said Ronnie Cummins,  Executive Director of the Organic Consumers Association. While the USDA enforces strict standards for the labeling of organic food, the NOP has not enforced the organic regulations in regards to personal care. “Given the increased resources and staffing at the National Organic Program under Obama, we’re optimistic that the situation will be rectified before too much more damage is done,” added Cummins. 

“Consumers who pay a premium for high-end organic products expect the main cleansing and moisturizing ingredients of a product labeled ‘Organic’ to be made from certified organic agricultural material produced on organic farms, and not from petrochemicals or pesticide and herbicide-intensive conventional farming,” explains Horst Rechelbacher, founder of Intelligent Nutrients (and founder and previous owner of Aveda Corp). 

The corporations named in the complaint are The Hain Celestial Group, Inc.; Kiss My Face Corporation; YSL Beaute, Inc. (“YSL”); Giovanni  Cosmetics, Inc. (“Giovanni”); Cosway Company, Inc. (“Cosway”); Country Life, LLC (“Country Life”); Szep Elet LLC (makers of Ilike Organic Skin  Care); Eminence Organic Skin Care, Inc.; Physicians’ Formula Holdings, Inc. (makers of Organic Wear); Surya Nature, Inc.; Organic Bath Company, Freeman Beauty Division of pH Beauty Labs, Inc. (makers of Freeman Goodstuff Organics). 

David Bronner, President of Dr. Bronner’s Magic Soaps, stated, “Yesterday we re-filed our lawsuit in federal court against culprit companies under the Lanham Act for false advertising. One way or another, the era of ripping off organic consumers in personal care will soon come to an end.” 

Ellery West, founder and owner of Organic Essence adds, “The predatory marketing practices of companies that take advantage of consumer trust in the organic label are cheating not only organic consumers but also small certified companies like ourselves.” 

On November 5, 2009, the USDA National Organic Standards Board (NOSB)  formally recommended that the National Organic Program regulate personal care to ensure that any use of the word “organic” on a personal care product is backed up by third-party certification to USDA organic standards. Immediately following the recommendation, the OCA launched a consumer boycott of the major “Organic” cheater brands, and has produced a list of USDA certified organic brands that are true to their claims and are safe for organic consumers. 

For more information on the Organic Consumers Association’s Coming Clean campaign, go to: organicconsumers.org/bodycare