Windex ‘Non-Toxic’ Claim Could Mislead, but Lawsuit Still Fails

S.C. Johnson & Son Inc. fended off, for now, a proposed class suit alleging it misleadingly labels certain Windex cleaning products as “Non-Toxic” when they contain ingredients that can harm humans, pets, or the environment, with a ruling by a New York federal court.

Although Carmen Rivera and others have plausibly alleged that a reasonable consumer might share their understanding that “non-toxic” means not harmful, they didn’t adequately allege that the Windex products are actually toxic, even under their own definition, the U.S. District Court for the Southern District of New York said.

According to the plaintiffs, several non-toxic Windex ...