A proposed class action lawsuit claims “Non-Toxic” Windex-brand window cleaning solution contains chemicals that may be harmful to humans and the environment.
Filed against Windex maker S.C. Johnson & Son, Inc., the 14-page suit alleges that despite representations on the product’s label that the cleaning solution is made with a “Non-Toxic Formula,” Windex contains 2-hexoxyethanol, butoxypropanol and acetic acid (vinegar). According to the suit, all three “potentially harmful and toxic” compounds can cause skin and eye irritation, while 2-hexoxyethanol has been linked to central nervous system depression and kidney failure. The case says the presence of the apparently harmful compounds in Windex is only disclosed on the defendant’s website.
The lawsuit claims the defendant’s packaging, which fails to disclose the presence of the aforementioned ingredients, was designed to mislead consumers into believing the Windex product will not cause harm to humans, pets or the environment, as is typically understood upon reading a “non-toxic” advertising claim. Coupled with the defendant’s “100% Ocean Plastic” claim pertaining to the materials used to make the product’s bottle, the non-toxic representation is positioned to appeal to environmentally conscious consumers, the case asserts.
According to the suit, in order to make an “unqualified non-toxic claim” such as that displayed on the defendant’s Windex bottles, a company must have “reliable scientific evidence” to support the assertion. Upon viewing the unqualified claim on a Windex bottle, consumers are likely to believe that the product will not be harmful to those exposed to the solution, the lawsuit argues.
The plaintiff says she purchased the purportedly non-toxic Windex specifically to avoid harm caused by harsh chemicals. The consumer, who fully relied on the defendant’s representations when deciding to buy Windex, claims she and others who bought the product would not have paid as much, or purchased the cleaner at all, had they known the truth about the solution’s components.
The plaintiff looks to represent New York residents who purchased “Non-Toxic” Windex “during the applicable statutes of limitations.”
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