Down The Jersey TCCWNA Rabbit Hole: Lush Emerges With Suit Dismissal
This article was originally published in The Rose Sheet
Executive Summary
The US District Court for the District of New Jersey dismissed a suit March 22 against the maker of Lush Fresh Homemade Cosmetics, which alleged that the company’s website terms and conditions impose limitations on users in violation of the state’s Truth in Consumer Contract, Warranty and Notice Act. The outcome should be heartening to companies facing a growing class action threat under the statute.
You may also be interested in...
Lush Scientist On Firm’s Evolving (And Expensive) Self-Preserving Platform
The testing process for Lush’s self-preserving products can range between $5k to $10k for each self-preserving product, according to cosmetic scientist Daniel Campbell. While resource-intensive, the approach resonates with natural-oriented, ingredient-conscious consumers, and Lush says it ensures that protective microflora on skin and hair aren’t disrupted by synthetic preservative use.
Pending Jersey Court Rulings Will Help Clarify TCCWNA Scope, Risks
Personal-care and other companies that sell products online according to specified website terms and conditions are at risk of being hit with costly class actions under a New Jersey law that prohibits such terms from violating a resident’s “clearly established right.” Upcoming court decisions will help to define businesses’ responsibilities, vulnerabilities and effective defense strategies, a Kelley Drye attorney says.
Growing Class-Action Threat Targets Firms' Website Terms & Conditions
Lush Cosmetics is among companies facing proposed class actions for alleged violations of New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act. Trade groups and legal experts warn the more than 30-year-old statute is being invoked increasingly by plaintiffs to attack the fine print on firms' e-commerce sites.