Native Deodorant Class Action: Does 72-Hour Protection Claim Stink?

native deodorant

Class Action Alleges Native Deodorant's 72-Hour Claims Are Just Hot Air

Native deodorant, a leader in the natural deodorant landscape, is facing legal action for allegedly lying to consumers about how long its deodorant lasts and for claiming it was clinically tested. 

A new lawsuit filed by two men who bought the deodorant thinking it would provide the advertised “72-hour odor protection,” argue the company is using “false, misleading, and deceptive advertising” to get an edge in the competitive market with its whole body deodorant spray.

Lawsuit Claims Native's 72-Hour Protection Claim is Unsubstantiated

Ashton Hernandez and Andrew Smyrak filed the proposed class action lawsuit against Native arguing the spray deodorant didn’t last more than one day at most, and even then it had to be reapplied throughout the day. Both men bought the deodorant believing the company’s marketing and said they wouldn’t have wasted their money had they known the truth. 

That marketing included that the spray is “clinically proven 72-hour odor protection for pits, privates and more,” but the lawsuit states that Native has never clinically tested its whole body deodorant. 

“Instead, Native has simply copied the “72-hour protection” claim by a number of different deodorants in the market, added the false “clinically proven” claim, and then charged over 100% more than its competitors based on that false claim,” the lawsuit alleges.

They argue the deodorant’s ingredients—denatured alcohol, fragrance, water, nitrogen, and dipropylene glycol—can’t possibly create something that lasts 72-hours, given all the products evaporate in a short amount of time. They say the company’s claim the deodorant will last 72 hours no matter how much spray is used is “preposterous.”

Smells Like False Advertising: Native Accused of Exploiting Consumers' Desire for Natural Alternatives

The lawsuit points out consumers who are after ways to treat body odor “are particularly vulnerable targets for unscrupulous manufacturers and advertisers,” especially those looking for natural alternatives in the growing, multi billion dollar market.

“In a bid to avoid the negative side effects of antiperspirants and deodorants with artificial and/or harsh chemical compositions, consumers are willing to pay a premium for natural deodorant products that are scientifically proven to be effective,” the lawsuit states.

It adds that given the market is overcrowded and beneficial health claims are ubiquitous, “being able to convince the consuming public about the efficacy of a product is critical.” 

The National Advertising Division of BBB National Programs states that representations that a product’s efficacy has been “clinically proven” must closely match the evidence, because they are a promise that there is scientific evidence that establishes the truth of the claim. 

Native Joins Growing List of Deodorant Brands Facing Legal Action

Native isn’t alone in facing legal action over a deodorant product. In April, Unilever paid $2 million to settle a class action lawsuit claiming Suave aerosol deodorants were contaminated with benzene.

Meanwhile, in 2023, Lume was hit with a very similar lawsuit to Native, where consumers claimed the company falsely advertised its deodorant as being “clinically proven to block body odor all day and continue to control odor for 72 hours.” 

In their proposed class action lawsuit against Native, Hernandez and Smyrak want to represent New York and Connecticut consumers and they’re suing for damages and injunctive relief alleging violations of the states’ business and trade laws.

Case Details

  • Lawsuit: Hernandez et al. v. Zenlen Inc. dba Native Cos.
  • Case Number: 1:24-cv-04846
  • Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

  • James R. Denlea and Jeffrey I. Carton (Denlea & Carton LLP)
  • Philip M. Smith (Kravit Smith LLP) 
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