A New York resident has filed a proposed class action lawsuit against Igloo Products Corp., accusing the cooler maker of making false sustainability and Made-in-the-USA claims in the marketing and labeling of certain products.

Joe Lieber filed the complaint in late January and Igloo has yet to respond in court. The litigation remains ongoing.

Certain suppliers sell Igloo brand products in the promotional products industry. At least some items specifically named in the suit appear to be for sale in promo, including the EcoCool Little Playmate 7 Quart Cooler, EcoCool Latitude 52 Quart Cooler and the REPREVE Packable Puffer 20-Can Cooler Bag. No promo suppliers are accused of wrongdoing or named in the suit.

As indicated, the complaint focuses on certain Igloo EcoCool, ReCool and REPREVE brand products. The suit states, for instance, that Igloo markets ReCool products with front-label representations such as “Biodegradable” and “Made From Biodegradable Materials.”

“These representations lead consumers to believe the ReCool products will completely degrade within a reasonable time period after customary disposal,” the suit says. “However, unbeknownst to customers, ReCool products are customarily thrown in the trash and end up in landfills, which do not have conditions necessary to allow the products to fully degrade within any reasonable period of time.”

Meanwhile, the suit says that Igloo markets and sells EcoCool and REPREVE products with labels like “Made With Postconsumer Recycled Plastic Material” and “Made From Recycled Plastic Bottles,” often accompanied by chasing-arrow recycling symbols. Lieber alleges most consumers would think the products are entirely made from recycled parts, but that’s not the case.

The suit charges: “Only certain components (e.g., the outer shell) of the coolers and bags contain recycled material, while other significant parts (e.g., foam insulation, interior linings) do not.” The suit says Igloo offers no disclaimer or qualification to indicate the products are only partially made from recycled components.

Next, the suit asserts that Igloo markets and sells certain products as “Made in USA” or “Made in the USA” but does so without qualifying that the products contain materials that are made and sourced outside the United States.

For a product to be called Made in the USA, or to claim to be of domestic origin without qualifications or limits on the claim, it must be “all or virtually all” made in the United States. This means the final assembly or processing of the product occurs in the U.S., all significant processing that goes into the product happens here, and all or virtually all ingredients or components of the product are made and sourced domestically.

The suit asserts that Igloo’s allegedly false eco and Made-in-USA claims duped consumers into buying and paying a premium for the products. Had they known the truth, the suit says, they either would not have bought the items or would “have paid significantly less.”

The complaint alleges that Igloo’s actions violate the Federal Trade Commission’s Green Guides, which deliver guidance on best practices that marketers can implement to avoid greenwashing – making deceptive or unsubstantiated sustainability claims.

Lieber is asking for class action status, which if granted could allow the suit to represent anyone in the United States who purchased an allegedly offending Igloo product that may have been labeled or marketed with misleading claims. The suit seeks restitution and damages.

Igloo products named in the complaint include:

• EcoCool Little Playmate 7 Quart Cooler
• EcoCool Latitude 52 Quart Cooler
• EcoCool Latitude 30 Quart Cooler
• EcoCool Latitude 90 Quart Cooler
• EcoCool Latitude 60 Quart Cooler
• ReCool 16 Quart Cooler
• Packable Puffer 20-Can Cooler Bag
• FUNdamentals Hip Pack Cooler Bag
• FUNdamentals Vertical Sling Cooler Bag
• FUNdamentals Messenger Cooler Bag

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