L’Oreal class action over false ‘Paris’ labeling dismissed

Update:

• A New York federal judge permanently granted L’Oréal USA’s bid to dismiss plaintiff V.E.’s proposed class action accusing the cosmetics giant of using French language to trick customers into thinking products were made in France instead of the United States.
• On March 27, U.S. District Judge Analisa Torres ruled a “mere reference to Paris” isn’t enough to deceive consumers regarding where a product is made, according to court documents.
• Judge Torres agreed with L’Oréal that product packaging is not misleading and the word “Paris” is part of the brand image.
• V.E. previously acknowledged “Paris” is part of the company’s brand name and the location for its global headquarters.
• She did not specify in her suit what products she bought or when and where she bought them.
• Judge Torres denied V.E.’s request to amend the complaint.

L’Oréal Paris false advertising class action lawsuit overview: 

• Who: V.E. filed a class action lawsuit against L’Oréal USA Inc.
• Why: She claims L’Oréal USA misleads consumers into believing its products are imported from France by including Paris representations and French text on their labeling.
• Where: The class action lawsuit was filed in New York federal court.

(Feb. 22, 2022)

L’Oréal USA uses Paris representations and French text to mislead consumers into believing its products are made in France, a new class action lawsuit alleges. 

Plaintiff V.E. claims that, despite the French representations, L’Oréal’s beauty products are actually made in a factory in Arkansas or other parts of the United States and Canada. 

V.E. argues L’Oréal knows consumers are willing to pay more for beauty products from France and is intentionally misleading them so they will be willing to pay a premium price. 

“Defendant knows that its labeling is misleading to reasonable consumers. In fact, it is Defendant’s intent to mislead consumers,” the class action lawsuit states. 

V.E. wants to represent a nationwide class, a California subclass and a subclass of consumers from multiple states who purchased a L’Oréal product. 

She claims a reasonable consumer expects a product with a Paris representation on its labeling to be imported from France, as is the case with products made by L’Oréal’s competitors, such as Caudalie, Nuxe and Clarins. 

“Based on the Paris Representation, reasonable consumers (including Plaintiff and Class members) reasonably understand that the Products are made in France and imported into the United States when in fact they are not,” the class action lawsuit states. 

No L’Oréal products made, designed in France

V.E. argues that, despite their representations, none of L’Oréal’s products are made in or designed in France, which would cause them to demand a higher price from American consumers. 

“Because American consumers associate French-made beauty products with excellence and prestige, they are willing to pay a substantial premium for products that they believe to be made in France and imported into the U.S.,” the class action lawsuit states. 

V.E. claims L’Oréal is guilty of unjust enrichment and negligent misrepresentation and in violation of multiple state consumer protection acts, the Magnuson-Moss Warranty Act, and California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law. 

She demanding a jury trial and requesting injunctive relief along with damages, restitution and disgorgement for herself and all class members. 

A similar class action lawsuit was filed against Unilever in 2019 by consumers who argued the company misleads consumers into believing its Maille brand mustard is made in France, when it is actually made in Canada. 

Have you purchased a L’Oréal product under the assumption it was made in France? Let us know in the comments! 

The plaintiff is represented by Christin Cho, Jonas B. Jacobson and Simon Franzini of Dovel & Luner LLP.

The L’Oréal Paris Representations Class Action Lawsuit is Eshelby v. L’Oréal USA, Inc., Case No. 1:22-cv-01396, in the U.S. District Court for the Southern District of New York.

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