The company’s Organic Infant Formula contains synthetic ingredients that federal law does not permit in organic products, a consumer advocacy group alleged.

Josh Long, Associate editorial director, Natural Products Insider

April 29, 2016

2 Min Read
Lawsuit: Jessica Albas Honest Co. Mislabeling Infant Formula as Organic

The Honest Co., the consumer goods company cofounded by the actress Jessica Alba and whose products include infant formula, isn’t so honest, according to a lawsuit recently filed in Los Angeles Superior Court.

The company’s Organic Infant Formula contains synthetic ingredients that federal law and California’s Organic Products Act of 2003 do not permit in organic products, the Organic Consumers Association (OCA) alleged in the April 6 lawsuit. Eleven of the 40 ingredients in the infant formula are synthetic substances that are not allowed in organic products, according to the complaint.

None of the prohibited ingredients in The Honest Co.’s infant formula appear on a U.S. Department of Agriculture (USDA) list, which specifies non-agricultural ingredients that may be added to organic products, according to the lawsuit.

OCA identified certain ingredients, such as sodium selenite, as hazardous, and alleged “some have not even been assessed as safe for human foods—much less for infant formulas." According to the complaint, The Honest Co.’s infant formula includes the following substances that are not allowed in organic products: sodium selenite, taurine, ascorbyl palmitate, calcium pantothenate, choline bitartrate, cholecalciferol, beta-carotene, biotin, dl-alpha tocopherol, inositol and phytonadione.

The OCA, a nonprofit consumer advocacy group based in Finland, Minnesota, is seeking declaratory and injunctive relief for violations of California’s Organic Products Act of 2003.

The Honest Co. responded to the complaint.

"Our Organic Infant Formula is cleared by the Food and Drug Administration and meets all safety and nutritional standards," the company said in a statement. "It is also certified USDA Organic by an independent third party, in strict accordance with the National Organic Program. We are confident this lawsuit will be dismissed."

The OCA also has filed a similar lawsuit against The Hain Celestial Group. The lawsuit, filed in the District of Columbia Superior Court, alleged the company’s Earth’s Best brands, such as Organic Infant Formula and Organic Soy Infant Formula, are falsely labeled organic because they contain non-agricultural and non-organic ingredients.

“No one is more concerned about food labels and ingredients than new mothers responsible for feeding infants whose immune systems and brain development are so underdeveloped and vulnerable," said Ronnie Cummins, OCA’s international director, in an April 23 press release announcing the lawsuits. “As consumers, these mothers must rely on truthful labeling in order to make the best choices for feeding their infants and toddlers. Our job as a consumer advocacy group is to call out and hold accountable companies like The Honest Co. and Hain Celestial when they knowingly and intentionally mislead consumers."

Hain Celestial Group expressed confidence that the lawsuit would be dismissed.

“Earth’s Best Organic infant formulas fully comply with the USDA’s National Organic Program standards," the company said in a statement. “An independent organic certifier, acting as an agent for the USDA, has certified that the formulas qualify as organic under federal law."

About the Author(s)

Josh Long

Associate editorial director, Natural Products Insider, Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at Natural Products Insider, which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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