California plantiffs propose class action against Avocado Mattress LLC

Avocado Mattress advertises its products as 'natural', 'organic', and 'free from synthetic and non-toxic materials'. However, a proposed class action in California alleges that these claims are untrue.

After lab testing, the plaintiffs claim that Avocado's latex mattresses, pillows and toppers contain harmful substances. Avocado is accused of using synthetic, toxic chemicals to create its products, which would contravene the claims in its promotional materials.

Plaintiffs Akeem Pina and Richard Roberts argue that these latex products have been 'knowingly misrepresented' in a violation of the California Consumers Legal Remedies Act. It's still early in the proceedings, but if you own one of these mattresses or are keen to find out more, here's everything we know so far about the allegations.

Avocado mattress lawsuit: what does this mean?

Avocado's marketing materials claim that its latex products are organic and ultimately biodegradable: made entirely with organic latex and organic wool and cotton covers. As organic products, Avocado's mattress, pillows and toppers also claim to be 'naturally nontoxic'.

According to lab testing commissioned by the plaintiffs, however, Avocado products are alleged to contain 'a litany of synthetic chemicals' including Wingstay-L, pentyl furan, ZDEC, MBT/MBTS, DPG, and naphthenic hydrocarbon oils – all of which can be associated with significant health issues and damage to the environment, undermining Avocado's MADE SAFE certification. They would also complicate Avocado's claims that their products are 'environmentally-friendly' and 'biodegradable'.

In short, if you've bought an Avocado mattress based on their big eco-claims, and the case is brought and upheld, it could mean you've been mis-sold a mattress that contains harmful chemicals.

The company intends to contest these claims. In a statement to Furniture Today, Avocado said that  'We cannot comment specifically on the case.' They add that 'we stand by our third-party certifications and the organizations that audit, screen and test our products, including the USDA’s National Organic Program, the Global Organic Textile Standard, the Global Organic Latex Standard, and Made Safe, which validate that our products and materials are safe and organic.'

Which products are affected?

The suit concerns all of Avocado's latex products, including its latex mattresses, pillows, and mattress toppers.

What happens now?

We reviewed both the Avocado Green mattress and the Avocado mattress topper latex topper and had them featured in our best mattress and best mattress topper guides, but we will be revising this until further notice.

If the complaint is upheld, it poses a wider question of whether most latex and organic mattresses are actually eco-friendly, and free from dangerous chemicals altogether. This is something we'll be looking into as this case develops.

Can I get a refund?

No – or at least not yet. We've reached out to Avocado but they're yet to comment either on the case or any possible compensation. We should also be clear that this is only the start of the lawsuit, and these claims have not yet been contested nor proved in court. For now, these are only claims, and there has been no product recall.

However, if you no longer want your Avocado bedding they have a returns policy. You should check the date of purchase, because depending on the product – and restricted to the United States service area – Avocado offers sleep trials that allow you to return your mattress or bedding within the scheduled time frame. For example, their Green mattress can be returned after 30 days and for up to a year, and Avocado's toppers and bedding have a 100-day return period. Unfortunately, this is limited to a certain amount of products per household and there is a $99 return fee.

Avocado mattress lawsuit: more information

For more details, take a look at the excellent coverage by ClassAction.Org. Readers can also read the class action Avocado mattress lawsuit for themselves, with full information on the case. We've reached out to Avocado for comment but have received no reply at the time of publication – we will update this page if and when they do.