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Purple’s Litigation Regarding False Information About Product Safety

You may have heard about pending legal action between our company and an online mattress review site and its principal. We’ve seen and received inquiries about this lawsuit, and wanted to clear the air about how it came to be and what we hope to get out of it.

At Purple, our objective is always the comfort and safety of our customers. From our seat cushions to our sheets, we want our customers to achieve and maintain comfort. Unfortunately, the actions of a few biased parties who are attempting to spread lies have caused a good deal of discomfort for people who have considered purchasing or have already purchased Purple® products.

While we completely support free speech and welcome questions and inquires, we cannot remain silent in the face of commercial defamation that threatens our business through untrue and exploitative statements.

That’s why we took legal action.

We tried to reach out to the reviewer in question. In fact, we reached out last year in an attempt to cooperate with him as a new reviewer in the mattress space. His initial, unprompted review gave us an A+, but subsequent reviews took an inexplicably dark turn.

Not only was the safety of our mattress questioned, but these questions were followed up by glowing, positive comments about one particular competitor, one with which we know the reviewer to at least have had a previous relationship. Comment after comment shares how glad these “consumers” were to have avoided purchasing Purple and instead to have purchased a specific competitor’s mattress.

We have strong reason to believe these attacks on our brand are coordinated with that competitor on some level, and our lawsuit explains as much.

This reviewer posted a series of increasingly antagonistic posts and videos that contain outright lies and severely misleading suggestions about the powder we use on our mattresses and pillows in order to package and ship them. As we addressed the concerns of our customers through our blog, on social media, and in our call center, this reviewer continued to spin lies and create a false narrative that people are facing serious harm by using our products. This is absolutely not true.

What this reviewer is saying is false and we want to set the record straight. Not only are we addressing our customers’ concerns, we want to make sure no false information about our company and products is swirling around the internet. So we’ve sued for the ability to do that, and will continue to fight these outrageous claims.

About the lawsuit.

We’re currently in litigation so there isn’t a lot we can say at this time, but the lawsuit is public information and anyone can review the pleadings which are on file with United States District Court, District of Utah, Central Division. What we can say is this: the core question we were asked was, “What exactly is this powder, and is it safe?”

We’ve answered that question on our blog and directly with customers who have concerns about the powder (although there were zero concerns before this reviewer began his calumny), and we’re happy to reiterate those nitty gritty details here.

  • The non-toxic plastic powder coating we use is polyethylene, which is a food-contact-grade plastic widely considered to be safe (FDA, WHO/IARC, and Environment Canada have all declared it generally safe for use).
  • Additionally, the powder is not known to contain a chemical substance known to the State of California to cause cancer, reproductive, or developmental toxicity under California Proposition 65; the powder has no known chemicals regulated by New Jersey’s Workers and Community Right to Know Act; the powder has no components subject to the Massachusetts Right to Know Act; nor does the powder contain any chemicals regulated by Pennsylvania’s Right to Know Act.
  • Furthermore, the ingredients in the formula are compliant with the chemical inventory requirements or exemptions of Australia, Canada, China, Europe, Japan, Korea, New Zealand, Philippines, the Unites States, and Taiwan.

There’s more about the use of the powder on our blog, but this powder is no different from a safety perspective than what you’ll find in plastic forks, baby sunscreen, or powder cosmetics applied to the face, such as blush.

What IS different is Purple’s use of this particular type/brand of polyethylene, and that information is patent-pending. We are aware that others have worked with scientists and universities over the years to find the exact substance that would work with our Purple® material in order keep our product from sticking together when compressed. None could master it.

Hundreds of trials later, the scientists at Purple discovered it. This “secret sauce” is highly sought after by competitors — and as such, we’ve applied for a patent to maintain our intellectual property. We hope it’s clear now why, when we had an online reviewer demanding we give that information up, we declined.

We have, however, shared the salient information that would affirm the safety of our product for consumers and employees. From a safety perspective, our Purple powder is not considered any different than any other type of common dust.

We are eager to bring this entire situation to a close. We will not give up propriety information about the formulation of our powder, but we have and remain pleased to answer questions about the safety of our products, and to comply with any necessary safety evaluations. We’re extremely proud of our products and the impact they have on people’s happiness and well-being and will continue our mission to bring comfort into the lives of people around the world.

If you have more questions about this lawsuit or the powder used on some Purple® products, please don’t hesitate to contact us at [email protected].

For media inquiries about this lawsuit or the powder used on some Purple® products, contact [email protected].

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