Courtney Jorstad  |  May 6, 2015

Category: Consumer News

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UD-Lush-LashUrban Decay Cosmetics, LLC and L’oreal USA, Inc. were hit with a class action lawsuit by a New York woman for allegedly misleading its customers into believing that the Urban Decay Lush Lash System is able to grow eye lashes, when it can’t.

According to plaintiff Sonia Severino, who filed her Urban Decay class action lawsuit in a New York federal court on May 1, the cosmetics companies “claim that the Lush Lash System actually grows lashes by 25 percent in two weeks, 40 percent in four weeks, and 63 percent in six weeks.”

The Lush Lash System, Urban Decay claims, is able to do this through a “growth accelerating serum” and a “conditioning mask,” as part of the system.

However, Severino says that these “lash growth claims . . . are false, misleading, and reasonably likely to deceive the public because there is nothing in the Lush Lash System that could actually grow lashes.”

The New York woman claims in her class action lawsuit that she purchased the Lush Lash System at a Sephora cosmetics store for $42.00 after reading about the product on the Urban Decay website.

She said that she “purchased the product believing it would provide the advertised grow lash benefits.”

The New York plaintiff says that the growth claims about the Lush Lash System are made about all the Lush Lash System products and appear in all of the marketing materials made to promote the Lush Lash System, and are  also stated on the front of the packaging “in all capital letters, printed in large, bolded font” and on the back of the packaging, as well.

On the Urban Decay website, it says that “this double-ended miracle worker holds two products that really perform,” adding that “these are clinical results you can take to the beauty bank,” according to the class action lawsuit.

However, Severino says that “nowhere on the product’s packaging or website do defendants reference the confirmatory study or studies. Defendants also fail to make the clinical results available to the public.”

The Urban Decay website also includes photographs of “a woman’s eye with long lashes” along with the claim that the product can grow 63 percent more lashes in six weeks.

While Urban Decay says that this is done “with growth peptides,” Severino says it’s not possible because “there is nothing contained” in the product that would make this possible.

“In truth, the product does not actually grow or thicken eyelashes and certainly not within the short time frames advertised by defendants,” the Lush Lash System class action lawsuit states.

“Not even Latisse, the only prescription strength eyelash growth product approved by the U.S. Food and Drug Administration, can grow lashes in two weeks,” it adds.

Severino cites studies, which found that it took 16 weeks for lashes to grow 25 percent longer with Latisse.

Severino is looking to represent a nationwide and New York class of individuals who have purchased the Lush Lash System.

She is charging Urban Decay and L’oreal with violating the New York Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranties, and unjust enrichment.

The New York woman wants the class to be reimbursed for the money paid for the Lush Lash System products.

The plaintiff is represented by Timothy G. Blood of Blood Hurst & O’Reardon LLP and by C.K. Lee of Lee Litigation Group, PLLC.

There is no attorney information available for the defendants at this time.

The Urban Decay False Advertising Class Action Lawsuit is Sonia Severino v. Urban Decay Cosmetics, LLC et al., Case No. 15-cv-3416, filed in the U.S. District Court for the Southern District of New York.

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3 thoughts onUrban Decay Lush Lash System Doesn’t Grow Lashes, Class Action Says

  1. April Sekuterski says:

    This is false! I used this product to regrow my Lashes and then after using it the little lashes that I had I lost! How do I file a claim because I still am without lashes…

  2. kim simmons says:

    I used this after an accident to regrow. It did not work.

  3. Jan says:

    yes, I tried this too and it does not work. I had chemo awhile back, and eyelashes came back in sparse. What a rip- off!!! is this an actual suit, yet?

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