Maybelline Defeats Class-Certification Bid In SuperStay Claims Case
This article was originally published in The Rose Sheet
A survey of Maybelline SuperStay 24HR cosmetics users, offered by an expert witness, helped persuade a federal court in California to deny class-action certification in a case targeting the brand’s advertising and labeling claims. Because evidence demonstrates that most purchasers were satisfied with the lipstick and makeup products, were not misled or bought them for reasons other than durability, the proposed class of “injured” consumers was overly broad and unascertainable, according to the court.
You may also be interested in...
Personal-care firms targeted with class actions over “natural” claims and other marketing can look to recent cases in the food sector for defense strategies that have proven effective, say two food and drug law attorneys. While suits targeting product claims are decidedly expensive and PR challenges, recent developments suggest that firms can strategize and invest to escape paying class damages.
The European Commission issued requests on 4 February for updated opinions from the Scientific Committee on Consumer Safety on octocrylene, homosalate and benzophenone-3, in light of concerns that led to their listing in 2019 as “higher priority” substances used in cosmetics with endocrine-disrupting potential.
Headed for its second reading in the Florida House after its counterpart passed the Senate on 29 January, HB 113 would expressly preempt local regulation of OTC drugs and cosmetics. According to House analysis documents, “This nullifies the current City of Key West ordinance” banning the sale of sunscreens containing reputed coral-killing UV filters.