Dr. Bronner's Magic Soaps can proceed with its lawsuit to enjoin "organic cheaters" from using and certifying organic label and brand claims, following a San Francisco County Superior Court ruling that rejected defendant's "free speech" and "No harm, no foul" arguments.

Meanwhile, two brands formerly implicated in the suit - Ikove and Juice Beauty - have "taken the high road" and settled out of court, pledging to reformulate products to exclude petrochemical compounds, according to Dr. Bronner's.

"We're optimistic as the case progresses that other companies who have further to go will nonetheless see the light and agree to settle rather than drag this out," company President David Bronner states.

At an Oct. 1 hearing, the Organic and Sustainable Industry Standards trade group pursued a special motion to strike, arguing that Dr. Bronner's suit was equivalent to a "strategic lawsuit against public participation" (SLAPP) in a debate over issues of public interest - namely, in the ongoing discussion as to what exactly constitutes "organic" personal care (¹ Also see "OASIS Argues Its Free Speech Rights Are Infringed By Dr. Bronner’s Lawsuit" - HBW Insight, 8 September, 2008., p. 3).

The California court rejected that line of reasoning as well as the defendants' claim that Dr. Bronner's had not adequately explained in its complaint how consumers, its brand and competition in the organic personal-care sector have been negatively affected by the "deceptive practices" of so-called "cheaters."

"In so ruling, the Court moved the case closer to full consideration of the merits of Dr. Bronner's claims," according to the release from Dr. Bronner's and the Organic Consumers Association.

As part of its "Coming Clean" campaign, OCA partnered with Dr. Bronner's in March, issuing "cease and desist" letters to Avalon Organics , Jason , Nature's Gate and Kiss My Face , among other companies alleged to market "organic" products containing non-organic ingredients - petrochemical compounds in particular.

OASIS and French certifying body ECOCERT also were named as "culprits" in the cease-and-desist letters because they enable the others with their "soft" criteria and contribute to the public's confusion, Dr. Bronner's said, demanding that the parties take remedial action to avoid litigation. True to their word, Dr. Bronner's and OCA filed suit in April when their terms were not satisfactorily met.

Estee Lauder is also a defendant due to its expressed intent to enter the market "with misleading OASIS-certified 'organic' products" under its Aveda brand, according to Dr. Bronner's Oct. 14 release.

Certifiers Ranked On Bronner's 5-Star Scale

Dr. Bronner's claims it is exemplary in its organic soap formulation, as recognized by the U.S. Department of Agriculture.

An Oct. 11 release from the brand ranks U.S. and European organic products certification programs on a 5-star scale. Topping the list with 5 stars is USDA's National Organic Program, which Dr. Bronner's says allows no synthetic preservatives or petrochemicals in cleansing ingredients.

"This certification reflects basic organic consumer criteria for organic personal care - i.e. what organic consumers expect when they see 'organic' on a personal care label," according to Dr. Bronner's.

NSF International's program, in which "few nature-identical synthetic preservatives [are] allowed," is awarded 3.5 stars (² Also see "NSF Organic Standards Extend Certification Opportunity To Personal Care" - HBW Insight, 4 February, 2008., p. 3). OASIS, on the other hand, earns 0.5 stars from Dr. Bronner's.

The UK-based Soil Association is given 3 stars since it allows some synthetic preservatives, while Germany-based BDIH receives 2.5 stars. Ecocert appears at the bottom of the list, with no stars.

Daniel Fabricant, Ph.D., VP-scientific affairs at the Natural Products Association, offered "The Rose Sheet" his reaction to the ranking. "We always admired David's passion on this issue," he said, but pointed out that companies are coming to NPA because it offers the only "natural" product certification in the U.S. NPA (2.5 stars) was penalized in the ranking for having no organic requirements.

"I know that David [Bronner] puts a premium on organic over natural - and that of course is well within his rights - but at the same time, natural is really the area where there is so much misuse in the marketplace," Fabricant said. "That is our top priority, our hot button issue, whereas his hot button issue is organics."

- Louisa Tavlas (l.tavlas@elsevier.com)

OASIS’ Anti-SLAPP Fails; Dr. Bronner’s “Organic Cheaters” Case Goes Forward

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