The Avocado Mattress lawsuit has been dismissed: is it safe to buy one again?

Sep 15, 2023

A lawsuit brought against Avocado Mattress has been dismissed. Here's everything you need to know.

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On April 28, Avocado Mattress faced a lawsuit concerning all of their latex products. As of August 11, the case has been dismissed.

The company advertises their products as natural, organic, and non-toxic. However, in April, plaintiffs Akeem Pina and Richard Roberts claimed that Avocado were 'knowingly misrepresenting their products'. They said that the mattresses contained potentially harmful substances which would be in violation of the California Consumers Legal Remedies Act.

Throughout the allegations, co-founder Mark Abrials said that the allegations were 'baseless' and 'unproven'. Now that the case has been dismissed, Avocado company representatives have said that they are 'glad to put this issue behind us'.

We will be reinstating them in our best mattress and best mattress topper buying guides. Here's everything you need to know.

Marketing materials for Avocado's products claim that they are organic and biodegradable, as they made from sustainably-sourced latex and organic cotton and wool. Avocado's marketing materials also say that their products are non-toxic.

The plaintiffs in the suit, however, claimed that they had tested Avocado's mattresses in a lab, and found several potentially harmful chemicals. Pina and Roberts alleged that Avocado's products contained ''a litany of synthetic chemicals' including Wingstay-L, pentyl furan, and naphthenic hydrocarbon oils, some of which must be labelled as potentially harmful under California's Prop 65.

However, the case was dismissed on Friday. We were told by Avocado that they could not discuss matters further.

When the lawsuit challenging Avocado's advertising was dismissed, co-founder Mark Abrials published an article re-stating the company’s natural credentials. According to their website, Avocado's foam 'meets stringent organic criteria'. Abrials cited a list of certifications to support this claim, these include an eco-INSTITUT label, FSC certification and OEKO-TEX certification.

The co-founder also spoke about Avocado as a whole company. Certified as a B Corporation, Mark wrote that 'we take our commitment to the environment seriously and proudly provide our customers with certified organic products'. He says that Avocado is Climate Neutral Certified and has a number of awards, including the ‘Pinnacle Award’ for 1% of the planet. Mark claims that Avocado strives ‘to ensure our products meet the highest purity, quality, and safety standards’.

This is the organic mattress topper being tested by one of our experts.

We have reviewed the Avocado Green mattress and the Avocado mattress topper and loved them for their comfort and sustainability. Now that the Avocado case has been dismissed, we will again feature them in our best mattress and best mattress topper guides, as well as our guide for those interested in organic mattresses. We’ve had to interrogate awards and composition to make sure that even when a company says they’re doing good things, they really are.

If you still aren't sure about your Avocado mattress, check your warranty. Some of their products can be returned if they're still with a trial period. For example, after a 30 day trial, Avocado's Green mattress can be returned for a up to a year after the purchase date. Avocado claim that 90% of their mattress returns are repurposed by Family Promise, a homeless charity, which donates the mattresses to those in need.

Now that the lawsuit has been dropped, Avocado will be back in our best mattress and best mattress topper buying guides. However, we advise that you approach labels like 'organic' and 'sustainable' with caution.

It can be hard to tell whether a brand is honest and transparent, so it's good to do your research before buying any product. Have a look at what experts are saying before you make judgements.

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Laura is our eCommerce editor. Before Homes & Gardens she studied English at Oxford University. Alongside her studies, she qualified as a barista and trained as a master perfumer. This makes her our certified expert for all things coffee, candles, and fragrance. She has passed our five-step tests to become a certified Customer Advisor, making her our resident expert. Laura has worked for luxury retail brands, reinforcing the importance of quality and style over quantity and fads. She looks for products which have been designed with thoughtful finishes.

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