Avon Beats Class Bid In Suit Challenging Anti-Aging Claims; Appeal Filed
This article was originally published in The Rose Sheet
Executive Summary
A New York district court has denied class certification in a suit targeting Avon ANEW wrinkle and collagen claims that plaintiffs say were deceptive and misleading. Claims at issue mainly appeared in brochures distributed sporadically by independent sales reps, but they also were featured on Avon's website, with the district judge ruling it infeasible to determine whether all class members were harmed by the statements.
You may also be interested in...
Drunk Elephant Hit With Sobering Allegations Of Fraudulent Medical Claims
A plaintiff in New York’s Southern District says Drunk Elephant’s claims about skin firming and other benefits, used to promote its $60 Shaba Complex Eye Serum, either are bogus or identify the product as an unapproved drug. A similar case against Beiersdorf/NIVEA is currently under appeal in California.
FDA Warnings Slow, But Anti-Aging Claims Remain Class Action Targets
The online universe is abuzz with complaints about 2016, with some ready to dub the year “worst ever.” It certainly was a rough one for anti-aging skin-care marketers, and while FDA’s warning letter activity has declined of late, consumer lawsuits continue to file challenging companies’ clock-reversing promises.
Natural Brands Work To Deter Lawsuits, Some More Successfully Than Others
Johnson & Johnson and Hain Celestial brands are among those whose natural personal-care claims have resulted in costly lawsuits in the U.S., while other leading natural players have been more successful in avoiding litigation. Abstaining from absolute natural assertions, defining the parameters of natural claims in the context of marketing materials and certifying offerings to private natural standards are tactics that may help, though ultimately there are no guarantees in this largely unregulated landscape at present.