L’Oreal Class Action Alleges Company Fails To Disclose Waterproof Mascara Contains Toxic Chemicals

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L’Oreal Waterproof Mascara PFAS Class Action Lawsuit Overview: 

• Who: Zaida Hicks and Stephanie Vargas filed a class action lawsuit against L’Oreal USA, Inc. 
• Why: Hicks and Vargas claim L’Oreal fails to disclose that its waterproof mascara products contain toxic Per- and Polyfluoroalkyl Substances (PFAS).
• Where: The class action lawsuit was filed in New York federal court.

L’Oreal USA intentionally fails to disclose that its waterproof mascara products contain Per- and Polyfluoroalkyl Substances (PFAS), a new class action lawsuit alleges. 

Plaintiffs Zaida Hicks and Stephanie Vargas claim that, due to the presence of PFAS, L’Oreal falsely represents that its waterproof mascara products are “safe, effective, high quality and appropriate” to use on eyelashes. 

Hicks and Vargas claim the PFAS present in L’Oreal’s waterproof mascara are toxic to humans and cause an even greater risk due to the fact the product is applied so close to the eyes. 

“It is reasonable for consumers to be concerned about these chemicals, which carry significant health risks and are often undisclosed by manufacturers,” the class action lawsuit states. 

Hicks and Vargas argue further that L’Oreal intentionally failed to disclose that its waterproof mascara contained PFAS, injuring “reasonable consumers” who relied on the products packaging and ingredients list. 

The presence of PFAS in L’Oreal’s waterproof mascara products was discovered following independent lab testing, according to the class action lawsuit. 

L’Oreal Knew About, Failed to Disclose PFAS Presence, Plaintiffs Say

Hicks and Vargas argue L’Oreal is responsible for both sourcing and selecting the ingredients to be used in its waterproof mascara products, in addition to conducting quality assurance testing. 

“​​Therefore, Defendant knew, or should have known, that failing to disclose the presence of detectable levels of PFAS was a material omission and that it was concealing the true quality, nature and safety of the Waterproof Mascara Products,” the class action lawsuit states. 

Hicks and Vargas claim L’Oreal is guilty of unjust enrichment and breach of implied and express warranty and in violation of New York General Business Law. 

Plaintiffs are demanding a jury trial and requesting injunctive relief along with actual, general, special, incidental, statutory, treble or other multiple, punitive and consequential damages for themselves and all class members.

Hicks and Vargas want to represent a nationwide class and New York subclass of consumers who have purchased waterproof mascara products from L’Oreal since 2018.

A similar class action lawsuit was filed against L’Oreal last month by a consumer claiming the company hides from consumers that its waterproof mascara products contain PFAS. 

Have you purchased waterproof mascara products from L’Oreal? Let us know in the comments! 

You may qualify to join a toxic makeup class action lawsuit if you purchased foundation, liquid lipstick or waterproof mascara. Click here to find out more (links to paid attorney content).

The plaintiffs are represented by James Bilsborrow and Devin Bolton of Weitz & Luxenberg, PC; Christopher A. Seeger, Jeff Grand and Christopher Ayers of Seeger Weiss LLP; and Sam Strauss, Raina Borrelli and Brittany Resch of Turke & Strauss LLP. 

The L’Oreal Waterproof Mascara PFAS Class Action Lawsuit is Hicks, et al. v. L’Oreal USA, Inc., Case No. 1:22-cv-01989, in the U.S. District Court for the Southern District of New York .

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