P&G Gain Class Action: Is "50% More" Just a Scent of a Deal?

Case Overview: A class action lawsuit accuses Procter & Gamble of deceptive marketing practices regarding its Gain laundry detergent line. The lawsuit alleges the company's "50% More" claim on packaging misleadingly suggests increased detergent quantity when it only refers to added fragrance.

Consumers Affected: Consumers who purchased Gain Flings! Laundry Detergent Pacs or Gain Aroma Boost Laundry Detergents and were misled by the "50% More" claim.

Court: U.S. District Court for the Northern District of California.

Procter & Gamble (P&G), the consumer goods giant behind popular brands like Tide and Febreze, is facing a consumer protection class action lawsuit alleging deceptive marketing practices related to its Gain laundry detergent line. 

The class action lawsuit, filed in July by California resident Nicole Costa, targets the bold "50% More" claim plastered on Gain Flings! and Gain Aroma Boost detergent packaging. Costa claims P&G intentionally misled consumers into thinking they were getting 50% more detergent, when in fact, the extra 50% refers solely to fragrance, not cleaning power.

P&G accused of misleading "50% more" claim on Gain detergent packaging

The lawsuit details how Gain product packaging prominently features the "50% More" claim in bold lettering on the front of containers. This, Costa argues, leads a reasonable consumer to believe they are receiving significantly more laundry detergent for their money, compared to standard Gain products or competing brands.

Costa also contends that P&G fails to clarify this key point on the packaging itself. Instead, the complaint alleges, P&G buries disclaimers about the "50% More" claim online, making them difficult for consumers to find.

In the filing, Costa provides an example of these alleged deceptive tactics, showing a product listing on Amazon for Gain Flings! references the "50% More" claim but uses the phrase "50% More Freshness" further down the product page. Even then, the definition of "freshness" remains ambiguous, potentially leading some to believe it signifies increased detergent volume.

The lawsuit argues that only after extensive searching on the product page do consumers discover the true meaning of "50% More" – an additional 50% of scent compared to Gain's liquid laundry detergent.

Lawsuit alleges consumers duped into overpaying for fragrance, not detergent

Costa contends that due to P&G's misleading claims, she and other consumers purchased Gain products under the false impression they were receiving a significant increase in laundry detergent. The lawsuit argues that a reasonable consumer would not have purchased the product, or would have paid a lower price, had they known the "50% More" claim referred solely to fragrance.

“Had Ms. Costa known at the time of purchase that “50% more” meant increased scent instead of 50% more detergent, she would not have purchased the Product, or would have purchased the Product for substantially less,” the lawsuit states.

P&G has previously faced legal challenges regarding its Gain detergent product claims. In June 2024, an Illinois federal judge dismissed a separate class action lawsuit alleging P&G falsely advertised the number of loads per Gain detergent container, ruling the labeling was clear upon closer inspection.

In the P&G Gain detergent misleading packaging class action lawsuit, Costa aims to represent a nationwide class of consumers who purchased Gain Flings! Laundry Detergent Pacs or Gain Aroma Boost Laundry Detergents and were misled by the "50% More" claim. She is seeking compensatory and punitive damages for the inflated price paid by consumers due to P&G's alleged deceptive marketing practices, along with a jury trial.

Case Details

• Lawsuit: Costa v. The Procter and Gamble Company
• Case Number: 6:24-cv-06447-EAW 
• Court: U.S. District Court for the Northern District of California

Plaintiffs' Attorneys

• L. Timothy Fisher, Julian Diamond, and Matthew Girardi (Bursor & Fisher PA)

Have you used Gain laundry detergent? What are your thoughts on the "50% More" claim? Share your experience in the comments below.