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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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509 thoughts onClinique Faces Nationwide Class Action Lawsuit Over Alleged Probiotic Cream False Advertising
please add my name
Add me please
I use these products and purchase from macys. Yikes
Add me please.
Please add I have been using Clinique products for 30 years
Did not know this, shame on them
Please add me
I have purchased this product many times, due to probiotics.
Please add me in this lawsuit. I’ve been a faithful consumer in the past and have had breakouts that have left scars on my face.
Add please
Please add me I have been using Clinique products for three years I have very sensitive skin color. I purchase daytime moisturizer and night repair moisturizer.
Please add me in this law suit over ten years I’ve bought make up oil free, moisturizer’s for my face because I have eczema they told me to try this lotion set for the face that will help me with the redness it cost me a lot also many make up I also purchased I still have face powder and make up and the cremes from them I spend a lot of money for that brand name because I didn’t know where else to go and get good cremes for me face. So disappointed please inform me and add me in this suit.