Class Action Lawsuit Claims Primal Kitchen Avocado Oil Falsely Advertised as Pure

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A proposed class action lawsuit claims that Primal Kitchen-brand avocado oil is falsely advertised as “pure” and “quality tested” despite containing a high concentration of phthalates, synthetic chemicals that can disrupt the human hormonal system.

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The 26-page lawsuit states that third-party testing by an Environmental Protection Agency-accredited laboratory found phthalates in defendant Primal Nutrition’s Primal Kitchen avocado oil at a concentration of 2,774 parts per billion (ppb). The suit relays that phthalates are particles found in plastics that are known to accumulate in the human body over time and harm the environment.

According to researchers, phthalates are linked to chronic health conditions such as diabetes and obesity, endocrine system disruption and reproductive system harm, the complaint shares.

“[Pthalates] are horrible for the environment and are not considered part of a pure and quality tested product as Defendant contends,” the case reads, calling the Primal Kitchen avocado oil “contaminated.”

Additionally, the lawsuit challenges the labeling of the Primal Kitchen avocado oil as “non-GMO Project Verified,” arguing that this claim is misleading given that all avocado oil products are free from genetically modified organisms.

“In fact, no GMO avocado oil has ever been sold,” the lawsuit says, accusing Primal Kitchen of “greenwash[ing]” its avocado oil by claiming that the product is verified as non-GMO.

The complaint references 2015 and 2019 guidelines from the FDA that state that labeling products as non-GMO when modern biotechnology is not used to make the product is misleading to consumers.

Consumers would not have bought the Primal Kitchen avocado oil, or would have paid less for it, had they known the non-GMO claims “in fact conveyed nothing about the actual qualities” of the product, the case argues.

The class action lawsuit against Primal Nutrition seeks to represent anyone in California who purchased the Primal Kitchen avocado oil for personal use starting at the beginning of the applicable statute of limitations period and until the date that the official class notice is issued to class members.

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