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L’Oreal Makes Consumers Chumps With Its Liquid Cosmetic Pumps – Class Action Complaint

This article was originally published in The Rose Sheet

Executive Summary

Plaintiffs in New York’s Southern District say a packaging defect strands product inside L’Oreal Paris and Maybelline liquid cosmetic bottles, causing consumers to lose up to $7 on every purchase.

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L’Oreal USA beat a suit in May in New York regarding liquid cosmetics packaging, which plaintiffs alleged cheated consumers out of product they expected to be accessible, only to face a newly proposed class action, filed in California on 5 June, over an alleged Clarisonic waterproofing defect.

Class Action Watch: Plaintiffs Target L’Oreal’s Pump-Dispensed Liquid Cosmetics, GNC’s Vitamin E Oil

According to a class action complaint filed in California’s Northern District, L’Oreal shortchanges consumers by packaging liquid makeup offerings so that users cannot access significant amounts of product. Meanwhile, the authenticity of GNC’s Vitamin E Skin Oil is being challenged in another California federal court, and Unilever ducks a class action in Texas concerning mercury in Pond’s Rejuveness.

L’Oreal Litigation Win Is Good News For Marketers Of Pump-Dispensed Cosmetics

Even if plaintiffs’ allegations are true and significant amounts of L'Oreal Paris and Maybelline pump-dispensed liquid makeup cannot be accessed by consumers due to the company's packaging design, plaintiffs’ deception claims still are preempted by federal statutes, a US district judge says, dismissing the proposed class action in New York’s Southern District.

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