Case Overview: A class action lawsuit alleges Primal Kitchen falsely markets its avocado oil as “Pure” and “Quality Tested” despite containing phthalates, and that its “Non-GMO” label is misleading.
Consumers Affected: California consumers who purchased Primal Kitchen avocado oil.
Court: U.S. District Court for the Eastern District of California
A California woman is taking on Primal Kitchen, accusing the health food brand of deceptive labeling and misleading claims on its popular avocado oil.
The proposed class action lawsuit alleges that despite being marketed as “Pure” and “Quality Tested,” the oil contains phthalates—chemicals linked to hormone disruption and health risks. On top of that, the lawsuit says the product’s “Non-GMO” label is nothing more than marketing fluff, since genetically modified avocado oil doesn’t exist in the first place.
Caron James, who filed the lawsuit, says she bought the avocado oil at least once since 2022, paying about $16 under the impression she was getting a clean, chemical-free product.
The front label promised “Pure” oil and even had a “Pure…Quality…Tested” logo, which she took as assurance that the oil was free of harmful additives. But lab testing by an EPA-certified facility reportedly revealed high levels of phthalates—nearly 2,800 parts per billion—in the very product marketed as pure, according to the lawsuit.
James claims she wouldn’t have made the purchase, or would have paid less, had she known the oil contained these synthetic plastic-derived chemicals. Phthalates are known endocrine disruptors linked to health issues like obesity, diabetes, and reproductive problems. The oil’s phthalate content, she argues, stands in direct contradiction to the brand’s purity claims.
The lawsuit also targets Primal Kitchen’s prominent “Non-GMO Project Verified” label, claiming it misleads shoppers into thinking the product is somehow different from other avocado oils. In reality, the suit says, there’s no such thing as genetically modified avocado oil, so the label doesn’t indicate any added benefit or distinction.
The label might be technically true, but the lawsuit argues it’s intentionally misleading, designed to lure health-conscious consumers into paying a premium for a product that’s no different from cheaper competitors.
According to James, these labeling practices prey on a growing market of shoppers seeking non-GMO, all-natural products. Brands that slap “Non-GMO” on items with no genetically modified alternative, like avocado oil, are accused of “greenwashing,” or using eco-friendly buzzwords to boost sales.
Primal Kitchen isn’t the only brand facing legal trouble over avocado oil labeling. Chosen Foods is also being sued for its non-GMO marketing, with a lawsuit arguing that the claim is meaningless and misleading.
Walmart and Sprouts Farmers Market have both been hit with lawsuits over allegedly misrepresenting their avocado oils as pure or 100% avocado-based, while allegedly mixing in cheaper oils. As consumers become savvier about ingredient lists and labeling, lawsuits like these are putting pressure on brands to clean up their act, or risk getting squeezed in court.
In her lawsuit, James wants to represent anyone in California who purchased the avocado oil in her fight to get restitution, injunctive relief, damages, fees, costs, and interest.
Case Details
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