Migliaccio & Rathod LLP is investigating whether certain Herbal Essences shampoo and conditioner bottles may be misleadingly marketed as containing 50% recycled plastic when that recycled-content percentage is based on mass-balance accounting.
Procter & Gamble has stated that multiple Herbal Essences collections have used Eastman Renew plastic and have been marketed as containing “50% certified recycled plastic.” P&G has also acknowledged that the recycled content was allocated using an ISCC mass-balance process.
Mass-balance accounting can allow recycled feedstock to be introduced into a combined production stream and then assign recycled-content percentages to individual products through accounting records.
Migliaccio & Rathod is investigating whether consumers seeing “50% recycled plastic” on Herbal Essences packaging reasonably understood that claim to mean that approximately half of the physical plastic in the bottle itself came from recycled plastic, and whether the underlying accounting methodology was clearly disclosed.
The investigation is focused on current or recent Herbal Essences products whose packaging makes specific bottle-level recycled-content representations.
Consumers May Have Experienced:
- Purchasing Herbal Essences shampoo or conditioner advertised as using 50% recycled plastic;
- Believing that half of the physical bottle was made from recycled plastic;
- Choosing Herbal Essences because of its environmental or sustainability claims;
- Paying more for a product because of recycled-content representations;
- Seeing a prominent numerical recycled-content claim without understanding the mass-balance methodology; or
- Learning after purchase that the percentage may be allocated through an accounting system.
Potential Claims May Include:
- False or misleading advertising;
- Misleading recycled-content claims;
- Deceptive trade practices;
- Breach of express warranty;
- Unjust enrichment; and
- Price-premium damages.
Signs You May Be Affected:
- You purchased an Herbal Essences product whose bottle stated that it contained 50% recycled plastic;
- The recycled-content claim influenced your purchase;
- You believed the claim described the physical material in the bottle;
- You did not know that mass-balance accounting was used;
- You paid a premium because of the product’s environmental representations; or
- You still have the bottle, photographs, receipts, or online order records.
If you purchased Herbal Essences products because of their recycled-plastic representations, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.