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Organic cosmetics lawsuit: Is your personal care falsely labeled?

Many manufacturers are removing "organic" from their front labels to meet Whole Foods' new requirements, but a California-based environmental group recently filed a lawsuit—against some of the very companies making adjustments—alleging false organic claims. We take a look at the issues surrounding personal care marketing and how consumers and retailers can get clarity. 

The lawsuit filed last week against 26 cosmetics companies proves the organic labeling debate is still very much a concern for the natural personal care industry. According to California-based environmental group the Center for Environmental Health (CEH), dozens of shampoos, lotions, toothpastes, and other personal care products are violating a California law stating any personal care product with "organic" on the front of the package must contain at least 70 percent organic ingredients, and those with less than 70 percent organic ingredients can only use "organic" on the ingredient lists.

"For years, organic advocates have called on personal care companies to fix their improper 'organic' labels, but our recent purchasing shows the industry is still rife with unsubstantiated organic claims," Michael Green, executive director of CEH, said in a press release.

After purchasing products from a variety of conventional and natural products retailers including Target, Walgreens, and Whole Foods, CEH reported that many products weren't 70 percent organic and some even contained harsh ingredients like BHA, cocoamide DEA, and parabens linked to health concerns including cancer and hormone disruption. What gave these products away, according to the CEH? Their ingredient lists. 

Discuss this Article 3

Charles Margulis (not verified)
on Jun 21, 2011

While we did purchase some products in May, we also purchased many in June, including several from Whole Foods on June 15, two weeks past their "deadline" for removing false labels. Clearly their action hasn't been enough to bring companies to alter their improper organic labels.

Horst Rechelbacher (not verified)
on Jul 29, 2011

In your article you refer to a minimum 70 percent organic. This is an outdated regulatory. There is only one verification in the US and that is to obtain USDA certification. The USDA owns the word organic in the US. No other people can use the word unless it is USDA certified. To obtain certification, the ingredients must have 95 percent organic and the other five percent must be on the USDA list of allowed ingredients. Europeans have their own certifying regulatory. For example, the French certifiers,
EcoCert, certify products having ten percent organic ingredients. These are the green washing agencies sponsored by large manufacturers; the Soil Association from Britain allows 70 percent which must be listed as 70 percent organic ingredients right on the front label. There is great confusion about the word organic on the global market. It exists to protect the certified organic farmers of the US and to protect the consumer from being fraudulently manipulated. The USDA must step up and do their job to regulate the organic industry in the US. This is way overdue. I compliment NewHope 360 for taking interest but it is 95 percent, not 70 percent in the US.

jrubino
on Aug 1, 2011

Horst,

Thanks so much for your feedback on the article. I have tremendous respect for what you have done in the organic cosmetics industry—really leading the way in proving that efficacy and organics do coexist.

In regards to the 70 percent organic statement on the first page: This is in fact the percentage included the referenced California law, which states that cosmetics using organic (not necessarily the USDA green and white seal) for packaging and marketing must contain 70 percent organic ingredients. Here is that portion of the law:

(a) “Cosmetic products sold, labeled, or represented as organic or made with organic ingredients shall contain, at least 70 percent organically produced ingredients.”

(http://codes.lp.findlaw.com/cacode/HSC/1/d104/5/5/7/s110838).

In regards to the 70 percent organic statement on the second page: This was in reference to the minimum standard for products that can use the USDA’s “Made with Organic” claim. As you know, this is also one of the standards Whole Foods used as the foundation for its new policy, which states that all personal care products and cosmetics making an organic claim on the front label must meet one of three standards: “Organic,” meaning they contain at least 95 percent USDA certified organic ingredients; USDA’s “Made with Organic,” meaning they contain more than 70 percent USDA certified organic ingredients (and no prohibited ingredients or processes); or “Contains Organic,” meaning they meet the NSF/ANSI 305 Personal Care Standard, which calls for at least 70 percent organic ingredients but allows for certain processes and ingredients the USDA prohibits.

I have elaborated on the second 70 percent organic reference in the piece to include this additional information.

Thanks again for your interest in and support of Newhope360.com.

Jessica

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