Judge Decertifies Class Certification of L’Oréal False Advertising Suit

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L’Oréal False Advertising Class Action Lawsuit Overview: 

• Who: Brandi Price and Christine Chadwick filed a class action lawsuit against L’Oréal USA Inc.
• Why: Plaintiffs allege L’Oreal falsely advertised some of its keratin hair products.
• Where: The lawsuit was filed in New York federal court. 

A New York federal judge decertified two classes of consumers who claim they paid higher prices because L’Oréal fraudulently labeled its shampoo and hair products, ruling that a survey the consumers used to help calculate their damages is unreliable.

U.S. District Judge Lorna G.Schofield ruled that class certification is no longer appropriate in the L’Oréal lawsuit because the survey method failed to isolate key variables in the shampoo’s labels that allegedly tricked consumers into thinking the products contained the protein keratin. 

Dr. Jean-Pierre Dubé, who gave expert testimony on behalf of the consumers, determined that the total economic damages for each class member totaled $4.18 for each product purchase. However, his analysis only focused on the “Pro-Keratin + Silk Shampoo” product. The inclusion of “+ Silk” in the survey muddles the results with regard to if consumers would pay a premium for a product containing keratin, containing silk or some combination of the two.

“Plaintiffs have not provided the necessary evidence for Dr. Dubé’s formula to suffice, and plaintiffs’ proposal that each class member can use Dr. Dubé’s formula to prove his or her own damages is not enough to satisfy their burden of proving class-wide damages,” Judge Schofield wrote. 

The data also does not include New York or California retail sales for the class period for the retail price of the sold bottles. 

“Without sufficient evidence to apply to Dr. Dubé’s formula for aggregate class-wide damages, plaintiffs have not produced a reliable method for measuring class-wide damages,” the judge wrote. 

Class Action Alleged Products Advertised As Containing Keratin Did Not Actually Contain The Protein

Plaintiffs Brandi Price and Christine Chadwick claim that they, along with other putative class members, paid a premium for the products and were willing to pay a higher price because they believed the products contained keratin when they did not.

Keratin is a natural protein that is present in hair, skin and nails, the plaintiffs say. The products in question purport to “restore over processed hair” and that they provide “cleansing while locking in moisture to help fight frizz.”

The products at issue in the L’Oréal class action lawsuit are part of the Matrix Biolage Advanced Keratindose Pro-Keratin + Silk product line, which includes the following three products: Matrix Biolage Advanced Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and Pro-Keratin + Silk Renewal Spray. 

The plaintiffs claim that the products do not actually contain keratin and therefore do not provide the promised benefits.

Have you purchased L’Oréal products that were advertised as containing keratin without knowing it did not contain keratin? Let us know in the comments! 

The consumers are represented by Rachel Soffin of Greg Coleman Law.

The L’Oréal False Advertising Class Action Lawsuit is Price et al. v. L’Oréal USA Inc. et al., Case No. 1:17-cv-00614, in the U.S. District Court for the Southern District of New York.

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