L’Oreal Class Action Lawsuit: CeraVe Eczema Body Wash Doesn’t Work

A L’Oreal class action lawsuit alleges that a line of CeraVe body wash and creamy oil products don’t treat eczema as advertised.

Plaintiff Dustin Magill claims that he has eczema, and purchased CeraVe Eczema Soothing Body Wash to manage his condition.

However, Magill says that he discovered after purchasing the product that it was ineffective in treating eczema and does not contain colloidal oatmeal which is the ingredient approved by the FDA for treating or mitigating eczema.

The CeraVe eczema class action lawsuit claims that because the product does not contain the FDA-approved active ingredient, it cannot lawfully be sold as an eczema treatment.

Magill’s CeraVe class action lawsuit argues that the company intentionally misrepresents a line of products including the Eczema Soothing Body Wash in order to entice customers into purchasing the products.

The CeraVe eczema products class action lawsuit aims to hold L’Oreal USA Inc. and Bausch Heatlh Companies liable for allegedly violating California’s Sherman Food Drug, and Cosmetic Drug, and California’s Health & Safety Code.

Magill says he was financially injured by his purchase because had he known that the body wash would not mitigate his eczema, he would not have purchased it at all or would not have paid as much for it as he did.

The L’Oreal class action lawsuit claims that other consumers were similarly misled by the product’s labeling, and argues that L’Oreal and Bausch knowingly misrepresent the CeraVe products to encourage consumers to purchase them.

Magill claims that he purchased the CeraVe Eczema Soothing Body Wash after reviewing the label that advertised that the product was “Eczema Soothing.” The plaintiff says he believed that the product would mitigate eczema and its symptoms.

However, Magill states that the product did not soothe his eczema, and did not contain colloidal oatmeal determined by the Food and Drug Administration to treat eczema.

Based on this assertion, the L’Oreal CeraVe class action lawsuit goes on to claim that the makers of the products are effectively representing their products as drugs when they are not.

California’s Sherman Food, Drug, and Cosmetic Law regulates over-the-counter drugs, and prohibits the sale of treatments that have not been approved by the FDA and do not have the active ingredient known by the FDA to treat the advertised medical condition.

Magill claims that since the CeraVe labels bear the name “eczema,” they are purporting to treat that condition and therefore function as a drug.

The CeraVe class action lawsuit states because the products do not contain the FDA-approved ingredients to treat eczema, the drug’s advertisements as an eczema treatment violate California law.

Magill seeks damages for himself and on behalf of all similarly affected consumers. He also seeks an injunction barring L’Oreal and Bausch from continuing to misrepresent their products as being able to treat or manage eczema.

Magill is represented by Mark N. Todzo and Lucas Williams of Lexington Law Group.

The L’Oreal, CeraVe Eczema Products Class Action Lawsuit is Dustin Magill v. L’Oreal USA Inc., et al., Case No. 3:19-cv-000450, in the U.S. District Court for the Northern District of California, San Fransisco Division.