Recently, Procter & Gamble has dodged a proposed class action lawsuit challenging the advertising of its Native deodorant brand.
The lawsuit, filed in June 2024 by plaintiffs Ashton Hernandez and Andrew Smyrak, accused P&G of violating federal and state consumer protection laws by falsely marketing Native deodorant sprays with claims of “72-hour odor protection” that they alleged were untested and unproven. According to the plaintiffs, P&G’s advertising was misleading because no clinical studies supported the claim, despite the brand labeling it as “clinically proven.”
The men argued that the 72-hour protection promise allowed Native to command prices over 100% higher than competing products—around $14 per bottle—despite offering no superior performance. The complaint pointed out a contradiction between the marketing and the product’s own instructions, which suggest users “repeat as needed throughout the day,” implying the deodorant doesn’t actually provide multi-day coverage.
U.S. District Judge Denise Cote dismissed the case in a New York federal court, ruling that no reasonable consumer would expect the product to keep them odor-free and dry for a full 72 hours.
Despite their claims, the court sided with P&G, determining that consumers would not reasonably interpret the 72-hour claim so literally
