ColourPop class action claims eye makeup dangerous to use near eyes

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ColourPop eye makeup class action overview: 

• Who: A ColourPop eye makeup consumer sued the beauty brand.
• Why: The plaintiff says ColourPop eye makeup contains ingredients that are dangerous when used around the eyes.
• Where: The ColourPop class action was filed in a California federal court.

ColourPop makes and sells eye makeup that contains color additives and ingredients that are dangerous when used on the immediate eye area, a new class action lawsuit alleges.

Plaintiff Kacey Wilson filed the class action complaint against ColourPop Cosmetics Sept. 12 in a California federal court, alleging violations of state and federal consumer laws. 

Wilson alleges that the company makes and sells eyeshadow palettes and eyeliner products that contain certain color additives that are not safe for use in the eye area and are not approved by the United States Food and Drug Administration (FDA).

“In addition to being inherently dangerous, each of the harmful ingredients is designated by the FDA as unsuitable and unapproved for cosmetic use in the eye area,” the ColourPop class action states. “The presence of one or more Harmful Ingredients renders the Products unsafe for use in the eye area.”

ColourPop class action claims eye makeup worthless due to harmful ingredients

As a result of the harmful ingredients, the products are “adulterated and misbranded” under the federal Food, Drug and Cosmetics Act, the ColourPop class action states. 

“Accordingly, it is unlawful for Defendant to advertise, promote, market or sell ColourPop Eye Makeup,” the lawsuit claims.

Wilson says she purchased and used ColourPop’s “Boudoir Noir” and “Menage a Muah” eyeshadow palettes, both of which contained the harmful ingredients, and thus paid for a product that was both dangerous and worthless. 

Wilson looks to represent anyone in the United States who purchased ColourPop Eye Makeup containing the stated harmful ingredients plus a California subclass. 

She sued for breach of warranty, unjust enrichment and breach of California consumer laws and seeks cetticaition of the class action, damages, fees, costs and a jury trial. 

In 2019, ColourPop faced a class action lawsuit alleging it sent unsolicited automated text messages to thousands of consumers in an attempt to persuade consumers to purchase the company’s beauty products. The case was dismissed in February 2020. 

Did you buy ColourPop eye makeup? Let us know your thoughts in the comments! 

The plaintiff is represented by Matthew A. Girardi and Yeremey Krivoshey of Bursor & Fisher, P.A. 

The ColourPop class action lawsuit is Kacey Wilson v. ColourPop Cosmetics, LLC, Case No. 4:22-cv-05198-KAW, in the U.S. District Court for the Northern District of California.

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