Clinique Faces Nationwide Class Action Lawsuit Over Alleged Probiotic Cream False Advertising

Clinique says some of its skin care products contain live probiotics when they don’t, and sells them for a premium, a new class action lawsuit alleges.

In a proposed lawsuit filed in the Southern District of New York Wednesday, plaintiff Dalit Cohen said she is suing the cosmetics company on behalf of anyone who purchased products from Clinique “that falsely advertised that the product purportedly contained ‘probiotic technology.’”

The New Yorker said she bought Clinique’s Redness Solution Daily Relief Cream at a Bloomingdales last year for $50, saying she decided to buy this product over other products because of the label, which advertised “probiotic technology” and “microbiome technology.” 

Live probiotics in skin care have become big business in recent years due to evidence that they can improve the skin microbiome, helping conditions like acne, rosacea and eczema. 

However, Cohen says she later realized the products don’t contain any live probiotics and could not contain any live probiotics because they also contain preservatives that would prevent them from growing.

“In making her purchase, [Cohen] paid a substantial price premium due to the false and misleading Probiotic Claims,” the class action lawsuit stated. “However, [she] did not receive the benefit of her bargain because her Clinique Cosmetics did not, in fact, contain probiotics.”

Cohen said the probiotic cosmetic industry was valued at $252.5 million dollars in 2019 and is expected to grow. 

Her and other customers wouldn’t have purchased the Clinique products advertising “probiotic technology”, or wouldn’t have paid so much for them, had they known they didn’t contain live probiotics, the lawsuit stated.

“As a result of its deceptive acts and practices, Defendant has sold thousands, if not millions, of Clinique Cosmetics to unsuspecting consumers across New York.” 

Cohen is suing Clinique under New York laws prohibiting deceptive and misleading business practices and false advertising. She is also suing the New York-based cosmetics company under Breach of Warranty laws. 

Cohen is looking to represent a nationwide Class of people who bought Clinique products believing they contained live probiotics, and a New York subclass. 

She is seeking certification for the class action, restitution of money paid for the products, an injunction forcing Clinique to change its labels, costs, expenses, interest, and a jury trial. 

Beauty products are often at the center of class action lawsuits and investigations. In 2019, customers questioned whether Vegan Clinique Blended Face Powder actually contained an animal-based ingredient. 

In 2013, Estee Lauder was accused of making bogus advertising claims about the anti-aging qualities of its Clinique-branded products in a separate class action lawsuit. 

Have you paid more for a beauty product believing it contained live probiotics? Let us know in the comments. 

The Clinique Live Probiotic Class Action Lawsuit is Dalit Cohen et al. v. Clinique Laboratories, Case No. 1:21-cv-01853, in the United States District Court Southern District of New York, .

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