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SAN FRANCISCO – Avocado, the Hoboken, N.J.-based direct-to-consumer mattress brand, is facing a lawsuit filed in federal court here by two consumers accusing the company of misleading consumers by using “organic, natural and non-toxic materials” in promoting its products.
In the 57-page complaint, the company is accused of fraud, negligent misrepresentation, unjust enrichment and breach of contract, as well as violating California’s Consumers Legal Remedies Act and the business and professions code through unfair and unlawful trade practices and false advertising.
The class action complaint, filed in the U.S. District Court for the Northern District of California, alleges the company uses synthetic chemicals to process the latex in its mattresses and says that the company’s advertising is false. In addition to selling its products online, the company sells its products through its branded stores and has recently partnered with brick-and-mortar retailers, including Living Spaces.
“We cannot comment specifically on the case, which we intend to contest,” the company said in a statement shared with Furniture Today. “That said, we stand by our third-party certifications and the organizations that audit, screen and test our products, including the USDA’s National Organic Program, the Global Organic Textile Standard, the Global Organic Latex Standard, and Made Safe, which validate that our products and materials are safe and organic.”
The lawsuit, filed by California residents Akeem Pina and Richard Roberts, on behalf of themselves and others, allege that lab testing of Avocado’s Green Mattress confirm the product contains chemicals like Wingstay-L, Pentyl Furan, naphthenic hydrocarbon oils, despite the company’s “Made Safe” designation. On its website, Avocado indicates that the certification means its products are made “with 100% healthy ingredients.”
The suit alleges that Wingstay-L can cause birth defects and reproductive harm, and other substances have been associated with eye, skin and respiratory irritation, shown toxicity to aquatic life and the environment.
“Avocado intended to mislead consumers with its false advertising, and it has done so for years,” the lawsuit says.
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