Huda Beauty Class Action Says Eyeshadow Can Irritate Eyes

A Huda Beauty customer has filed a class action lawsuit against the company over claims that their Neon Obsessions Palette is falsely advertised as being eyeshadow when a hidden disclaimer on the back of the package states that the products should not to be used around the eyes.

The Huda Neon Obsessions Palette class action lawsuit was filed by California resident Christie Ramirez who says she purchased Neon Obsessions products believing it to be eyeshadow.

Allegedly, she was unable to view an intentionally hidden disclaimer that said the products were not to be use around the eyes. She says she relied instead on the advertisements, packaging and other representations for the makeup that indicated it was supposed to be used as eyeshadow.

She says that she suffered physical injury, including eye irritation, as a result of using the Neon Obsessions Palette.

Ramirez explains that Huda Beauty began to sell Neon Obsessions as eyeshadow around May 2019. Allegedly, since the launch of the Neon Obsessions products, the founder of the company encouraged users to put the products directly on their eye lids.

The Huda Neon Obsessions Palette class action lawsuit quotes Huda Kattan, the company’s founder, as making multiple statements encouraging customers to use the products directly on their eyes, including “with these bright neon colors, you can’t really go wrong with a simple monochromatic color wash on the lids,” and “I start from the inside and shape the wing as I move away from the eye.”

Allegedly, the online advertisements for the products also encourage customers to use the products directly on their eye lids, and at no time did the company express that the makeup should be used anywhere but near the eyes.

The Neon Obsessions Huda eyeshadow class action lawsuit goes on to say that that design of the product further re-emphasizes that it should be used on the eyes. In Ramirez’s opinion, the design of the products looks like other eyeshadow products made by Huda Beauty. 

Ramirez states that Kattan continues to call the Huda Neon Obsessions Palette “eyeshadow” and the company’s website still promotes the use of Neon Obsession around the eyes.

Because of these instructions and advertisements, many consumers reportedly applied the products around the eyes. The Neon Obsessions Huda palette class action lawsuit says that many of these customers experienced a range of adverse reactions to the makeup including eye irritation, rashes, skin inflammation, discolorations, and pain.

Allegedly, these symptoms can last for several days after the makeup is applied.

Ramirez asserts that Huda Beauty knew or should have known that Neon Obsessions was not safe for use, and has “undertaken a deliberate and willful pattern” of misrepresenting the products as safe.

Allegedly, the only warning that the company gives to consumers about the possible dangers of using the products on the eye was a six-word disclaimer on the back of the package. This disclaimer is reportedly covered by a label that masks the entire back of the product.

According to the class action lawsuit, the label says that Neon Obsessions is “not intended for the eye area,” but the warning is intentionally obscured.

Ramirez argues that this label is insufficient and intentionally misleading to consumers. 

The plaintiff recounts that when many consumers complained to the company about the problem, and when media outlets reported on the issue, the company’s response was to make excuses and side-step FDA’s regulations. 

She notes that the company stated the product was intended as eyeshadow but was not officially called eyeshadow in the United States because some pigments in the products are not FDA approved.

The company’s statement reportedly goes on to say that “everywhere else in the world, these pigments are approved for use around the eye and are categorized as eye shadows.”

According to Ramirez, this statement is a “direct admission” that the products are intended to be used as eyeshadow, despite the hidden disclaimer.

She goes on to argue that its decision to not call the products eyeshadow when it is sold in the United States is to “intentionally flout U.S. law” at the expense of its customers.

Ramirez seeks damages on behalf of herself and all other customers who she says have been similarly physically and financially injured by the sale of these products.

Have you ever had an adverse reaction to a beauty product? Share your experiences in the comments section below.

Ramirez is represented by Alex R. Straus of Whitfield Bryson LLP and by William A. Ladnier and Jonathan B. Cohen of Greg Coleman Law PC. 

The Huda Neon Obsessions Palette Class Action Lawsuit is Christie Ramirez v. HU USA Holdings Inc. d/b/a Huda Beauty, Case No. 5:20-cv-01016, in the U.S. District Court for the Central District of California.

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