New Report Drives FTC Complaint Against Crib Mattress Maker LA Baby for Deceptive Claims

New York, NY – May 13, 2021 – Clean and Healthy New York (CHNY), an organization dedicated to building a just and healthy society in which toxic chemicals are unthinkable, lodged a complaint to the Federal Trade Commission against L.A. Baby for misrepresenting the health and environmental benefits of their crib mattress. This complaint results from research for a report also out today, Peeling Back the Green Façade: Calling out “Greenwashing” in the Crib Mattress Market as Lessons on Brand Manipulation of Health and Environmental Claims. The report is issued on behalf of the Getting Ready for Baby campaign, a collaboration of over 100 organizations focused on ensuring all products for babies and toddlers are safe, healthy, and free of harmful chemicals.

This latest report discloses the use of greenwashing practices from 10 crib mattress companies, ranging from overstating the meaning of certification to misusing terminology like “natural,” “nontoxic,” and “organic.”

“What’s outrageous is the ongoing use of the terms “non-toxic,” “organic” and “natural” by companies whose products contain synthetic materials made from cancer-causing chemicals,” said Bobbi Wilding, Executive Director of Clean and Healthy New York and director of the national Getting Ready for Baby campaign. “Greenwashing has become a prevalent trend in the marketplace at large, and we can see it clearly with crib mattresses. We urge the Federal Trade Commission to take action against L.A. Baby, and caution other product makers to make sure they accurately describe their products, so parents and families can choose products that meet their needs.”

Peeling Back The Green Façade is a companion to a report released by the Getting Ready for Baby campaign last summer. The Mattress Still Matters is an investigative report that delves into the materials and chemicals used to make crib mattresses. When collecting the data, it became apparent that some companies are providing vastly overstated, and in some cases, false information about their products. This observation prompted follow-up research to identify companies using dishonest claims, ask them to correct their claims, and seek to hold L.A. Baby accountable through FTC action.

In 2012, Congress expanded the FTC authority to empower federal regulators to go after “greenwashing,” or any manufacturer making misleading claims about consumer products, including crib mattresses. The FTC has the legal authority to punish bad actors vigorously.

The complaint to the Federal Trade Commission highlights several ways that L.A. Baby is “greenwashing,” for which Clean and Healthy New York seeks remedy:

  • The company claims that none of its crib mattresses contain toxic materials, when testing for The Mattress Still Matters found a number of chemicals of concern.

  • The company promotes its products as “naturally organic” when only some components are natural, and fewer are verifiably certified as organically sourced and manufactured.

  • L.A. Baby gives the impression that its products have more certifications than they do, using graphics mixed with certification logos.

From 37 companies reviewed in The Mattress Still Matters report, 10 companies met CHNY’s criteria of greenwashing. CHNY gathered documented evidence from the companies’ marketing materials and consulted with experts and certification programs to verify their concerns. They then contacted all the companies and sent the evidence electronically and by mail, along with a list of requested changes. 

As a result: 

  • Four companies updated their marketing materials, reflecting the information about their products more accurately: 

    • Two companies (Babeletto and DaVinci Baby) corrected misleading information about their certifications but did not change all of the language flagged as greenwashing. 

    • Two companies made all requested changes and are not listed in the report.

  • Two additional companies (Delta Children and Dream on Me) rejected, for the most part, the findings of the study. Delta Children, however, made minor adjustments while Dream on Me made no changes. 

  • Four companies (Colgate Mattress®, Graco®, L.A. Baby, Nook Sleep did not respond at all.   

"Manufacturers need to test their own products—especially those used by small children—and have a transparent process to avoid chemical hazards. Families should be able to read a product label and know what’s inside. The Ecology Center shouldn’t have to test products for us all to know what’s in them," said Melissa Cooper Sargent, Environmental Health Advocate at Ecology Center. Ecology Center tested mattresses for The Mattress Still Matters.

While the research and outreach report incited some immediate results, there’s still much work to be done. Many of the greenwashing claims raised in the Peeling Back the Green Façade report can be immediately corrected if the crib mattress makers make the proper adjustments to their digital marketing materials.

The report offers recommendations for parents, brands, retailers, and regulators. Among them:

Shoppers should:

  1. Question claims of “nontoxic,” “organic,” “natural,” or similar terminology. Instead, look for verifiable and robust independent certifications for the whole product such as MADE SAFE®, GOTS, and GOLS.

  2. Be wary of marketing assertions such as “BPA-free,” or “PFOS-free,” as products with those statements may contain similar chemicals, with similar health and environmental impacts.

  3. Watch out for misrepresentations about materials. For example, any foam with plant-based oils or “soy foam” is still polyurethane, with a small amount of vegetable oil mixed in.

Brands should:

  1. Design and make products to meet high quality standards for human and environmental health, and document that by securing robust independent certifications.

  2. Provide direct links to explanations and documentation for relevant independent certifications at the point it is marketing them.

  3. Avoid meaningless terms like “natural” or “eco-friendly.” Use third-party certifications to prove the benefits of your products.

  4. Don’t use the term “non-toxic” unless every single component and process used to make your product from raw material to final products is free of all known or suspected harmful chemicals.

  5. Be up front and provide full transparency about what is in your product in every component.

  6. Don’t mislead shoppers by emphasizing a minor improvement in one component of your product, such as claiming polyurethane foam is “soy foam” if polyurethane contains a small portion of plant-based oil, or that polyester is recyclable unless you offer a method of recycling (recycling facilities for polyester fibers are readily available.

For more information about the Peeling Back the Green Façade report and the FTC complaint, please contact Bobbi Wilding, CHNY, bobbi@chny.org, 518-708-3875.

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 About Clean & Healthy New York

Clean and Healthy New York (CHNY) is an advocacy organization building a just

and sustainable society in which toxic chemicals are unthinkable. Our work changes laws, shifts markets, and empowers people to advance innovative solutions and create a sustainable economy. chny.org

About the Getting Ready for Baby campaign

The Getting Ready for Baby campaign is a national collaboration of over 100 organizations working to ensure all products made for babies are free of harmful chemicals. Simply put: every baby product should be a healthy product. gettingready4baby.org