Babe lash, brow products sold without prescription, notice of side effects, class action claims

Babe class action lawsuit overview:

• Who: Plaintiff Dalit Cohen and Melanie Wohl filed a class action lawsuit against Elixir Cosmetics Opco LLC.
• Why: Elixir allegedly unlawfully sells Babe lash products and Babe brow products without a prescription and without disclosing potentially serious and permanent side effects associated with the ingredient isopropyl cloprostenate (ICP).
• Where: The Babe lash products class action lawsuit was filed in New York federal court.

Elixir Cosmetics Opco LLC markets and sells Babe lash products and brow products without a prescription and without disclosing the potential risks associated with them, according to a class action lawsuit filed May 5 in New York federal court.

Plaintiffs Dalit Cohen and Melanie Wohl allege Babe brow and lash products contain isopropyl cloprostenate (ICP), a chemical compound used in prescription drugs. 

According to the lawsuit, the U.S. Food and Drug Administration reportedly warned cosmetics manufacturers selling products with ICP poses a danger to consumers and violates the law because ICP-containing products are considered drugs according to the federal Food, Drug and Cosmetic Act.

“Because the products are drugs, Elixir was required to seek regulatory approval for safety and efficacy before selling them to consumers,” the Babe class action lawsuit alleges. “Elixir failed to seek such approval and instead deceptively marketed and sold the products as cosmetics, even though they are unapproved drugs.”

Elixir also allegedly failed to warn consumers about significant risks associated with the products, including the risk of permanent dry eyes, permanent iris discoloration or spotting, permanent appearance of dark under eye circles and eyelash loss.

Babe class action seeks to stop sale of Babe products containing ICP

Cohen and Wohl claim they purchased Babe lash products and Babe brow products based on the claims they would get “lush, healthier-looking lashes” without knowing the products were illegal and unapproved drugs with potentially significant and permanent side effects. They say they would not have purchased the products if they had been transparently advertised.

By filing the Babe class action lawsuit, Cohen and Wahl say they seek to stop the sale of the allegedly illegal and unapproved drugs and seek compensation on behalf of consumers who purchased the products in New York.

The Babe class action lawsuit asserts claims for violations of New York business law and breach of express warranty.

Recently, Elixir reached a $2.3 million Babe class action lawsuit settlement over allegations it failed to disclose potential risks and side effects associated with ICP.

Have you experienced side effects after using Babe brow products or Babe lash products? Tell us about your experience in the comments.

Cohen and Wohl are represented by Michael D. Braun of Kuzyk Law LLP and Maia Kats of Just Food Law LLC.

The Babe lash products class action lawsuit is Dalit Cohen, et al. v. Elixir Cosmetics Opco LLC, Case No. 2:24-cv-03327, in the U.S. District Court for the Eastern District of New York.

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