Preview
N0000
OA
22741426
FILED
ON ALAMEDA COUNTY
JUL 15 2020
CLERK ERIOR COURT
By Depuly
Iss
R THE STATE OF CALIFORNIA
Y OF ALAMEDA
of Case No:
RG20067897
CLASS ACTION COMPLAINT FOR:
1 Violations of the Consumers Legal
Remedies Act, Cal. Civ. Code §§
1750, et seq.;
Violations of the Unfair Competition
Law, Cal. Bus. & Prof. Code §§
17200, et seq.;
Violations of the False Advertising
Law, Cal. Bus. & Prof. Code §§
17500, et seq.;
Breach of Express Warranty
Breach of Implied Warranty;
Negligent Misrepresentation;
Fraud.
DEMAND FOR JURY TRIAL
l
TION COMPLAINT
on behalf of himself and all others similarly situated,
ison & Son, Inc. (“S.C. Johnson” or Defendant”) the
e he lacks personal knowledge, upon information and
sel.
OF THE ACTION
5.C. Johnson arising out of their sale and marketing of
z products under the Windex label, including, without
iula (“Windex Original”), Windex Vinegar Non-Toxic
nonia-Free Non-Toxic Formula (“Windex Ammonia-
ic Formula (“Windex Multi-Surface”) collectively, the
demand for “eco-friendly” and “toxin-free” home
d promotion of the Windex Products rely on false and
ture of the Products. These claims are made without
rominently labeled as “non-toxic” as that term is
on-toxic” logo and location are provided below:
Amers in spray bottles in a variety of sizes, including
tive unit and division of the BBB.
2
TION COMPLAINT
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TION COMPLAINT
t the Windex Product contain toxic ingredients, but
are more likely to purchase products bearing those
for them.
however, are false and misleading. Each of the
; that each, taken alone, constitutes a toxic ingredient
\ March 24, 2020, the National Advertising Division?
sss Bureaus (“BBB”) recommended that Defendant
ckage labeling for its Windex Vinegar Glass Cleaner,
ction individually, and as a class action on behalf of
ts, for breach of express and implied warranty, for
gal Remedies Act (Cal. Civ. Code §1750, et seg.),
n Law (Cal. Bus. & Pro, Code §§ 17200 et seq.), and
aw (Cal. Bus. & Pro. Code §§ 17500 et seq.).
e Classes as defined herein, Plaintiff seeks an Order
gs: (1) cease packaging, distributing, advertising and
or recall all existing deceptively packaged Windex
g campaign to inform consumers fully; and (4) pay all
TION AND VENUE
‘er this action pursuant to the California Constitution,
and Professions Code Sections 17203 and 17535, and
82.
d specific personal jurisdiction over the Defendant.
liction over Defendant pursuant to California Code of
of the BBB.
4
TION COMPLAINT
‘fendant’s Windex Products are advertised, marketed,
throughout the State of California.
pursuant to California code of Civil Procedure Section
‘or omissions giving rise to the claims occurred in this
: pursuant to California Civil Code Section 1780(d)
this county and at least some of the transactions that
lace in this county.
2ARTIES
i at all times relevant to this action has been, a citizen
San Francisco County, California. Plaintiff Clark
“non-toxic” Ammonia-Free variety from a Safeway
of 2020 for personal consumption in California. Mr.
on the claim on the Product’s label that it was “non-
cic” product that did not contain any toxic ingredients.
oxic” claims were true and relied on them in that he
ucts at all, or would have been only willing to pay a
roducts, had he known that the natural representations
2 Products in the future if Defendant changed the
formed to their “non-toxic” claims.
a Wisconsin corporation with its principal place of
efendant bills itself as one of the world’s leading
2s and other consumer chemicals or brands, including
RAID®, SCRUBBING BUBBLES®, SHOUT®,
‘-old company, which generates $10 billion in sales,
lly and sells products in virtually every country around
es of the Defendants named herein under California
5
TION COMPLAINT
‘DOES 1 through 1000” are presently unknown to
s names. Plaintiff will amend this Complaint to allege
ndants when they have been determined. Each of the
: in some manner for the conduct alleged herein. The
ociations, partnerships, corporations, or institutes who
herein in ways which are unknown to Plaintiff at this
L.BACKGROUND -
in play an important role in one’s health. Over the past
ventional household cleaning products has resulted in
2 health effects and various chronic diseases. Toxic or
‘ts can be inadvertently inhaled or absorbed into the
; such as asthma’, respiratory symptoms*, and skin
American Journal of Respiratory and Critical Care
t in cleaning products are hazardous to human health,
ase of cleaning products and decline in lung function.*
conditions such as asthma and chronic obstructive
predisposing conditions such as allergic rhinitis or
nations around the world are taking action to reduce
cts both children and adults. During an asthmatic
/ell, making it harder to breathe.
ate on asthma and cleaners. Curr Opin Allergy Clin
3, Jarvis D, Anté JM, Kromhout H, Kennedy SM, et
| adult asthma: an international longitudinal study. Am
cm.201706-13110C
6
TION COMPLAINT
shold cleaning products. For example, in March 2015,
ion Agency (“EPA”) made changes under Toxic
‘lasses of hazardous chemicals in household cleaning
e adverse health effects has also led to an explosion of
cts. According to a market report from Research and
products market is expected to grow from USD 17.90
he end of 2024 at a compound annual growth rate
and for “Non-Toxic” Cleaning Products
for environmentally friendly and non-toxic products,
to convince consumers that the Windex Products are
alternative to traditional household cleaning products.
d and otherwise identified these Products as “non-
on-toxic” mate and representation in promotional
/ imprinting “non-toxic” statement on the Products
onmentally friendly nature of the Product, the label on
'd in a “Bottle Made of 100% OCEAN PLASTIC,” or
representation is prominently featured and imprinted
v are screenshots of several examples of Mislabeled
‘esentation on the front of the Product labeling:
een-cleaning-products-market-estimated-to-grow/
7
TION COMPLAINT
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TION COMPLAINT
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11
eS COMPLAINT
‘ial media campaign in order to convey the message
ecifically, the Company’s Twitter page or account
id non-toxic.”
ce for animals. We want you
Jelty-free and non-toxic.
nimals. “NC
ent
- ve
low:”
3 that its retailers uniformly promote the same “non-
chase. For example, the product description pages for
uch as Albertsons.com® and Publix.com’ are nearly
”,
a
1e! Join our mission to help seas sparkle.
reat on: glass & mirrors. Learn more at
Bottle made of 100% ocean plastic.
lastic bottle made of 100% ocean plastic
an ocean or waterways leading to the sea in
mal, community based waste collection.
-5252 or write Helen Johnson.
ver, are false and misleading. Rather, Defendant’s
tive list of toxic ingredients that can cause harm to
14588347 1073282
letails.960234259.html
--crystal-rain-fresh-scent/RIO-PCI-125706
12
TION COMPLAINT
ide
ulfonate
nal
\l four Windex Products, is described by Defendant as
ie in our products to remove dirt and deposits.”"! 2-
that may cause central nervous system depression and
anol is a “severe skin, eye and respiratory irritant.”'2-
n and may have effects on the blood.'?
1 Windex Original and Windex Ammonia-Free, is
ng agent that can also be found in household cleaners
solving the residue that remains on household surfaces
xic in isolation and only more so when combined in a
/en/brands/windex/windex-original-glass-cleaner (last
ited July 9, 2020).
13
TION COMPLAINT
2 (a volatile organic compound), however, has been
IS
as “corrosive to the eyes, skin and respiratory tract.
amed of nose and throat irritation after brief exposure
amonia, found in Windex Original, is described by
at," that removes dirt, and it can also be used as a pH
yrove stability.”'’ Ammonium hydroxide is listed as a
yrding to Donna Kasuska, a chemical engineer and
ng to affect you right away. The people who will be
, and elderly people with lung issues and breathing
zople who get a lot of ammonia exposure, like
bronchitis and asthma.”!? Moreover, Ammonium
ause first degree burns on short exposure; is corrosive
faction necrosis; and can cause acute lung injury on
found in Windex Original, is described by Defendant
i “to remove dirt and deposits by surrounding dirt
y're attached to, so they can be rinsed away.””! Lauryl
‘en/brands/windex/windex-original-glass-cleaner (last
2ics0905.htm#:~:text=The%20substance%20is%20co
%20indicated (last visited July 9, 2020)
il (last visited July 9, 2020)
/en/brands/windex/windex-original-glass-cleaner (last
-toxins-whats-lurking-in-your-cleaning-products/ (last
/en/brands/windex/windex-original-glass-cleaner (last
14
TION COMPLAINT
skin irritation, serious eye irritation and/or damage,
upper respiratory tract.22
‘onate, found in Windex Original, Windex Vinegar,
ng agent, or ‘surfactant, used “to remove dirt and
» loosen them from the surface to which they are
ate, however, is a skin, eye, and respiratory tract
“moderately toxic by inhalation. 24
al, also called “lilial,” is found in Windex Original
methylpropional is described by Defendant as a
ypional, however, is a skin, eye, and respiratory tract
» 26
tely toxic by inhalation.
Windex Products, is described by Defendant as a
a skin and eye irritant. Moreover, it is included in list
28
Original and is described by Defendant as a fragrance
act allergen*° and has been linked to immune system
99m. pdf (last visited July 9, 2020)
/en/brands/windex/windex-original-glass-cleaner (last
rer_data(s]=Sodium+dodecylbenzenetsulfonate&retur
SBtab%255D%3dtab 1%26f%255Bs%255D%3dSodi
sited July 9, 2020)
/en/brands/windex/windex-original-glass-cleaner (last
=Search&referer_data[s]
\_url=%2fSearch%3 fdofilter%3d1%26f%25SBtab%2
im%2bdodecylbenzene%2bsulfonate (last visited July
s-in-this-windex (last visited July 9, 2020)
=Search&referer_data[s]=
03d1%26f%255Btab%255D%3dtab
1 %26f%25SBs%2
s-in-this-windex (last visited July 9, 2020)
15
TION COMPLAINT
Preview
N0000 OA 22741426 FILED ON ALAMEDA COUNTY JUL 15 2020 CLERK ERIOR COURT By Depuly Iss R THE STATE OF CALIFORNIA Y OF ALAMEDA of Case No: RG20067897 CLASS ACTION COMPLAINT FOR: 1 Violations of the Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750, et seq.; Violations of the Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq.; Violations of the False Advertising Law, Cal. Bus. & Prof. Code §§ 17500, et seq.; Breach of Express Warranty Breach of Implied Warranty; Negligent Misrepresentation; Fraud. DEMAND FOR JURY TRIAL l TION COMPLAINT on behalf of himself and all others similarly situated, ison & Son, Inc. (“S.C. Johnson” or Defendant”) the e he lacks personal knowledge, upon information and sel. OF THE ACTION 5.C. Johnson arising out of their sale and marketing of z products under the Windex label, including, without iula (“Windex Original”), Windex Vinegar Non-Toxic nonia-Free Non-Toxic Formula (“Windex Ammonia- ic Formula (“Windex Multi-Surface”) collectively, the demand for “eco-friendly” and “toxin-free” home d promotion of the Windex Products rely on false and ture of the Products. These claims are made without rominently labeled as “non-toxic” as that term is on-toxic” logo and location are provided below: Amers in spray bottles in a variety of sizes, including tive unit and division of the BBB. 2 TION COMPLAINT — —_—_ eee len ine mee aT i a3 Xy SE {s yN-T9 xic_| oRMUE a AN cs Wie ronnysh a TION COMPLAINT t the Windex Product contain toxic ingredients, but are more likely to purchase products bearing those for them. however, are false and misleading. Each of the ; that each, taken alone, constitutes a toxic ingredient \ March 24, 2020, the National Advertising Division? sss Bureaus (“BBB”) recommended that Defendant ckage labeling for its Windex Vinegar Glass Cleaner, ction individually, and as a class action on behalf of ts, for breach of express and implied warranty, for gal Remedies Act (Cal. Civ. Code §1750, et seg.), n Law (Cal. Bus. & Pro, Code §§ 17200 et seq.), and aw (Cal. Bus. & Pro. Code §§ 17500 et seq.). e Classes as defined herein, Plaintiff seeks an Order gs: (1) cease packaging, distributing, advertising and or recall all existing deceptively packaged Windex g campaign to inform consumers fully; and (4) pay all TION AND VENUE ‘er this action pursuant to the California Constitution, and Professions Code Sections 17203 and 17535, and 82. d specific personal jurisdiction over the Defendant. liction over Defendant pursuant to California Code of of the BBB. 4 TION COMPLAINT ‘fendant’s Windex Products are advertised, marketed, throughout the State of California. pursuant to California code of Civil Procedure Section ‘or omissions giving rise to the claims occurred in this : pursuant to California Civil Code Section 1780(d) this county and at least some of the transactions that lace in this county. 2ARTIES i at all times relevant to this action has been, a citizen San Francisco County, California. Plaintiff Clark “non-toxic” Ammonia-Free variety from a Safeway of 2020 for personal consumption in California. Mr. on the claim on the Product’s label that it was “non- cic” product that did not contain any toxic ingredients. oxic” claims were true and relied on them in that he ucts at all, or would have been only willing to pay a roducts, had he known that the natural representations 2 Products in the future if Defendant changed the formed to their “non-toxic” claims. a Wisconsin corporation with its principal place of efendant bills itself as one of the world’s leading 2s and other consumer chemicals or brands, including RAID®, SCRUBBING BUBBLES®, SHOUT®, ‘-old company, which generates $10 billion in sales, lly and sells products in virtually every country around es of the Defendants named herein under California 5 TION COMPLAINT ‘DOES 1 through 1000” are presently unknown to s names. Plaintiff will amend this Complaint to allege ndants when they have been determined. Each of the : in some manner for the conduct alleged herein. The ociations, partnerships, corporations, or institutes who herein in ways which are unknown to Plaintiff at this L.BACKGROUND - in play an important role in one’s health. Over the past ventional household cleaning products has resulted in 2 health effects and various chronic diseases. Toxic or ‘ts can be inadvertently inhaled or absorbed into the ; such as asthma’, respiratory symptoms*, and skin American Journal of Respiratory and Critical Care t in cleaning products are hazardous to human health, ase of cleaning products and decline in lung function.* conditions such as asthma and chronic obstructive predisposing conditions such as allergic rhinitis or nations around the world are taking action to reduce cts both children and adults. During an asthmatic /ell, making it harder to breathe. ate on asthma and cleaners. Curr Opin Allergy Clin 3, Jarvis D, Anté JM, Kromhout H, Kennedy SM, et | adult asthma: an international longitudinal study. Am cm.201706-13110C 6 TION COMPLAINT shold cleaning products. For example, in March 2015, ion Agency (“EPA”) made changes under Toxic ‘lasses of hazardous chemicals in household cleaning e adverse health effects has also led to an explosion of cts. According to a market report from Research and products market is expected to grow from USD 17.90 he end of 2024 at a compound annual growth rate and for “Non-Toxic” Cleaning Products for environmentally friendly and non-toxic products, to convince consumers that the Windex Products are alternative to traditional household cleaning products. d and otherwise identified these Products as “non- on-toxic” mate and representation in promotional / imprinting “non-toxic” statement on the Products onmentally friendly nature of the Product, the label on 'd in a “Bottle Made of 100% OCEAN PLASTIC,” or representation is prominently featured and imprinted v are screenshots of several examples of Mislabeled ‘esentation on the front of the Product labeling: een-cleaning-products-market-estimated-to-grow/ 7 TION COMPLAINT =k éponuuse —a : inex ema agin etm TION COMPLAINT iy A i ‘iy ysT j0 us foe oe ee mr Jae eee e LaF i Hine Rea A ei ne Serpe ios 9 TION COMPLAINT “a Nal! meet HS rts 7a te] BY: = ak 1g 442) Ras LL ba ‘Ox! eed XG ase 4 et pg bd cae 3 Saath a ne rats Pr oad aoe Li bi ral} ia SO Aa int! bag Py Pee) bs Sy oh harp to oes fe tal a net 10 TION COMPLAINT ale was bos feu LG oa muss BAe os Bt | ala a sie! rr ata ius en tA 11 eS COMPLAINT ‘ial media campaign in order to convey the message ecifically, the Company’s Twitter page or account id non-toxic.” ce for animals. We want you Jelty-free and non-toxic. nimals. “NC ent - ve low:” 3 that its retailers uniformly promote the same “non- chase. For example, the product description pages for uch as Albertsons.com® and Publix.com’ are nearly ”, a 1e! Join our mission to help seas sparkle. reat on: glass & mirrors. Learn more at Bottle made of 100% ocean plastic. lastic bottle made of 100% ocean plastic an ocean or waterways leading to the sea in mal, community based waste collection. -5252 or write Helen Johnson. ver, are false and misleading. Rather, Defendant’s tive list of toxic ingredients that can cause harm to 14588347 1073282 letails.960234259.html --crystal-rain-fresh-scent/RIO-PCI-125706 12 TION COMPLAINT ide ulfonate nal \l four Windex Products, is described by Defendant as ie in our products to remove dirt and deposits.”"! 2- that may cause central nervous system depression and anol is a “severe skin, eye and respiratory irritant.”'2- n and may have effects on the blood.'? 1 Windex Original and Windex Ammonia-Free, is ng agent that can also be found in household cleaners solving the residue that remains on household surfaces xic in isolation and only more so when combined in a /en/brands/windex/windex-original-glass-cleaner (last ited July 9, 2020). 13 TION COMPLAINT 2 (a volatile organic compound), however, has been IS as “corrosive to the eyes, skin and respiratory tract. amed of nose and throat irritation after brief exposure amonia, found in Windex Original, is described by at," that removes dirt, and it can also be used as a pH yrove stability.”'’ Ammonium hydroxide is listed as a yrding to Donna Kasuska, a chemical engineer and ng to affect you right away. The people who will be , and elderly people with lung issues and breathing zople who get a lot of ammonia exposure, like bronchitis and asthma.”!? Moreover, Ammonium ause first degree burns on short exposure; is corrosive faction necrosis; and can cause acute lung injury on found in Windex Original, is described by Defendant i “to remove dirt and deposits by surrounding dirt y're attached to, so they can be rinsed away.””! Lauryl ‘en/brands/windex/windex-original-glass-cleaner (last 2ics0905.htm#:~:text=The%20substance%20is%20co %20indicated (last visited July 9, 2020) il (last visited July 9, 2020) /en/brands/windex/windex-original-glass-cleaner (last -toxins-whats-lurking-in-your-cleaning-products/ (last /en/brands/windex/windex-original-glass-cleaner (last 14 TION COMPLAINT skin irritation, serious eye irritation and/or damage, upper respiratory tract.22 ‘onate, found in Windex Original, Windex Vinegar, ng agent, or ‘surfactant, used “to remove dirt and » loosen them from the surface to which they are ate, however, is a skin, eye, and respiratory tract “moderately toxic by inhalation. 24 al, also called “lilial,” is found in Windex Original methylpropional is described by Defendant as a ypional, however, is a skin, eye, and respiratory tract » 26 tely toxic by inhalation. Windex Products, is described by Defendant as a a skin and eye irritant. Moreover, it is included in list 28 Original and is described by Defendant as a fragrance act allergen*° and has been linked to immune system 99m. pdf (last visited July 9, 2020) /en/brands/windex/windex-original-glass-cleaner (last rer_data(s]=Sodium+dodecylbenzenetsulfonate&retur SBtab%255D%3dtab 1%26f%255Bs%255D%3dSodi sited July 9, 2020) /en/brands/windex/windex-original-glass-cleaner (last =Search&referer_data[s] \_url=%2fSearch%3 fdofilter%3d1%26f%25SBtab%2 im%2bdodecylbenzene%2bsulfonate (last visited July s-in-this-windex (last visited July 9, 2020) =Search&referer_data[s]= 03d1%26f%255Btab%255D%3dtab 1 %26f%25SBs%2 s-in-this-windex (last visited July 9, 2020) 15 TION COMPLAINT