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Heard the recent rumblings about the Avocado mattress lawsuit and now you’re giving your Avocado mattress the side eye? Before you go throwing out every Avocado mattress and bedding product you have, do your due diligence before doing anything drastic. This is what we know so far.
What you need to know about the Avocado Mattress lawsuit
The Avocado Mattress lawsuit was filed on April 28, 2023. The proposed class action lawsuit alleges that Avocado Mattress LLC falsely advertised their mattresses – including latex mattresses and all other latex products – to be free of synthetic chemicals and toxic materials.
The 57-page complaint was filed by plaintiffs Akeem Pina and Richard Roberts on behalf of themselves and anyone who they deem to be affected by the alleged false advertising and false claims that Avocado Mattress uses only 100% certified organic and non-toxic materials in their final products.
The class action lawsuit against Avocado was dismissed on August 11, 2023.
Avocado’s claims about their mattresses
Avocado (see our Avocado mattress review for details about the brand) pride themselves on offering organic products that are free from toxic chemicals such as their Avocado Green mattress, latex mattresses, pillows and mattress toppers.
Each and every one of their mattresses are certified by almost all the leading environmental institutions such as the Global Organic Latex Standard (GOLS), Global Organic Textile Standard (GOTS), Made Safe and GreenGuard Gold UL to name a few.
These certifications ensure that Avocado’s mattresses are free from toxic chemicals and other harmful substances that may harm both humans and the environment. What’s more is that the Avocado mattress company ensures that their entire production chain from the harvest to manufacturing process to the final product is strictly monitored and that the raw materials used are sourced from their very own farms. Sort of like farm to table but for mattresses.
So why the lawsuit?
Why Avocado was sued
The state of California (where Avocado mattresses are manufactured) has some of the strictest laws when it comes to consumer and environmental safety. And for a well-known mattress brand such as Avocado to proudly tout their certifications without repercussions if done falsely – surely it can’t just be for show, can it?
The Plaintiffs’ counsel went so far as to retain a university engineering professor who is an expert in polymer engineering. This engineering expert then commissioned a well-known accredited laboratory to conduct testing on samples taken from the Plaintiffs’ Avocado Green mattress.
The lab testing concludes that the Avocado Green mattress that Mr. Richard Roberts has contains a number of synthetic and toxic chemicals such as Wingstay-L, Pentyl Furan, ZDEC, MBT/MBTS, DPG, naphthenic hydrocarbon oils and other ingredients.
The lawsuit outlines the possible harmful effects of contamination with the aforementioned ingredients but surprisingly, these are not included in the known toxins list on the Made Safe website. What’s more, most of the ingredients listed on the lab testing results were found to be mostly highly toxic to aquatic organisms. But that’s not to say that these won’t be harmful to humans as well. It’s just surprising that Made Safe – with their rigorous certification processes – would miss them when they tested Avocado products.
Another complaint listed on the lawsuit centers around the Avocado latex manufacturing process and their use of raw latex. The plaintiffs allege that latex comes from rubber and for it to be processed into usable latex, it needs to be “vulcanized” and the vulcanisation process involves the use of various chemicals such as ZDEC and MBTS as well as heat. The lawsuit claims that how can the Avocado latex mattress be made from 100% natural latex if it’s not, in fact, entirely natural?
There are so much more claims that’s covered in depth in the class action lawsuit but basically what the gist of it is that Avocado allegedly mislead consumers into believing that their mattresses are eco-friendly, natural and non-toxic when in fact, according to lab testing, they are purportedly not.
If you would like to read the entire class action lawsuit, it is open to the public here.
Do we believe them?
We believe that there are two sides to every coin but more importantly, we believe in facts. If Made Safe, a company that’s world-renowned in advocating for cleaner and greener products, advocates for Avocado mattresses and Avocado products then there’s more to it then, is there?
Which Avocado products are affected by the lawsuit?
The Avocado products affected by the lawsuit are all their mattresses, pillows and mattress toppers that contain latex. This includes:
- Avocado Green mattress
- Avocado Eco-Organic mattress
- Avocado Luxury Organic mattress
- Avocado Eco-Organic Kids mattress
- Avocado Organic Crib mattress
- Avocado Luxury Organic Crib mattress
- Avocado Vegan mattress
- Avocado Latex mattress
- Avocado Green pillow
- Avocado Molded Latex pillow
- Avocado Luxury Organic Plush pillow
- Avocado Organic Latex Wedge pillow set
- Avocado Organic Mini pillow
- Avocado Mini Molded Latex pillow
- Avocado Organic Toddler pillow
- Avocado Organic Latex Wedge pillow
- Avocado Eco-Organic mattress topper
- Avocado Organic Latex mattress topper
- Avocado Luxury Organic mattress topper
- Avocado Vegan mattress topper
Has the company responded to the lawsuit?
As of this writing, the Avocado mattress company has put out a public response to the class action lawsuit on their website.
They state they are aware of the very serious allegations that are challenging the advertising and integrity of their products. They also state that the allegations in the complaint are completely unproven and that the company intends to vigorously defend itself from all the baseless accusations.
On August 11, 2023, the company announced that the lawsuit was dismissed.
Are Avocado mattresses safe?
For a mattress company to proudly provide safe certification (and not one, but many) for each and every one of their products it means that they stand behind their products and what they’re made of. Some certifications, such as GreenGuard Gold, are very difficult to acquire. Almost all Avocado products are certified organic and safe.
As long as you do not ingest any part of the mattress (which, why on earth would you?), we have found Avocado mattresses to be completely safe to sleep on.
Avocado mattresses are also fiberglass-free.
Can you get a refund or file a claim?
If you currently have an Avocado mattress or mattress topper and would like to return it, make sure that you are well within the trial period (which for Avocado mattresses except their crib mattresses and Eco-Organic mattress/topper is 1 year).
You then have to file a return and refund claim through their chat support on the Avocado website or via email. There’s no phone number where you can call the company (a major complaint about Avocado).
All products must be in suitable condition with law tags attached. Improper use of the product will void any return policy agreements.
Other mattress brands that are being sued
Complaints and lawsuits are rife in the mattress industry. While some accusations hold some merit, others are baseless. More often than not, settlements and/or agreements are dealt quietly.
These are some mattress brands that have faced lawsuits/complaints over the years:
- Purple Mattress
- Zinus Mattress
- Nectar Mattress
- Ashley Furniture
- Vibe Mattress
- Dreamcloud Mattress
- Casper Mattress
- Mattress Firm
FAQs
The Avocado Mattress company does not make or manufacture any mattresses, bedding or furniture in China. All of Avocado’s mattresses are made in California, USA.
Conclusion
2 California consumers have complained that Avocado Mattress allegedly practices false advertising regarding their latex-based mattresses. They claim that Avocado’s certifications of being 100% natural and organic are false.
Avocado issued a public statement refuting every allegation and vowed to defend themselves against all accusations.
The case was dismissed on August 11, 2023.
Next step: Read our Avocado vs. Amerisleep mattress comparison. We tested each of these popular brands and compared their top products so you can decide for yourself which one is right for you.
Michelline loves nothing more than a cozy bed, with a stack of books at her side. She loves getting lost when she travels, can bake an entire British afternoon tea from scratch, is obsessed with all things analogue and does calligraphy on the side. She currently suffers from mild insomnia and is more than happy to be your guinea pig, so you won’t have to go through all the trouble of finding out what works best for you.
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Psst… the sleep review industry is full of liars, sharks, and thieves. It’s a modern-day version of getting ripped off at your local mattress store. So, why should you trust us?