Target settles class action over oil-free cosmetic labeling

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Update:

• Target agreed to settle a class action lawsuit accusing the company of misleadingly labeling some of its cosmetic products as “oil free.” 
• The class action settlement, which is for an undisclosed amount, resolves the remaining claim on the complaint. 
• An Illinois judge previously dismissed 12 of the 13 claims originally filed in June. 
• The remaining claim concerned Target’s Up & Up Oil Free Moisturizer, which the consumer behind the complaint says he bought at a Target location in Chicago. 
• The consumer claimed the facial moisturizer product contained the oils glycine soja sterols and dimethicone despite being labeled “oil free.” 
• Target had unsuccessfully argued that the consumer lacked standing to pursue claims under consumer protection laws in some states outside of Illinois. 

Target oil-free cosmetics class action lawsuit overview: 

• Who: A federal judge in Illinois dismissed the majority of a class action lawsuit filed by Adam Sorkin against Target Corp. 
• Why: The judge ruled Sorkin could only make claims he was injured by Target allegedly mislabeling some of its cosmetic products as “oil-free” if he purchased them. 
• Where: The class action lawsuit was filed in Illinois federal court. 

(June 07, 2022)

An Illinois federal judge dismissed most of a class action lawsuit accusing Target Corp. of mislabeling some of its cosmetic products as “oil-free.”

Plaintiff Adam Sorkin claims he bought Up & Up brand facial moisturizer from a Chicago Target that was allegedly falsely labeled as “oil-free.” 

Sorkin argued that the Up & Up facial moisturizer actually contained the oils glycine soja sterols and dimethicone, Law360 reports. 

The judge overseeing the class action lawsuit allowed Sorkin’s claim for the Up & Up product he purchased; however, he dismissed 12 other claims for products that Sorkin did not buy, according to an order.  

Sorkin argued he had standing for claims on cosmetic products he had not purchased, including scrubs, makeup remover, acne treatments and facial cleansers, because they were similar to the Up & Up facial moisturizer, Law360 reports. 

Target class action claimed retailer charges more for products falsely labeled as ‘oil-free’

Sorkin claimed the “oil-free” products contained at least one chemical that was an oil, such as cyclopentasiloxane, PPG-15 stearyl ether, cocamidopropyl betaine and dimethicone PEG-8 meadowfoamate. 

Sorkin argued that, while the names of the chemicals were included on the products’ ingredients lists, a regular consumer would not know what they are and remain willing to pay more for a product purporting to be “oil-free.” 

The judge disagreed that Sorkin had standing, ruling instead he would have needed to purchase the products to claim he was concretely injured by them. 

The judge also rejected Sorkin’s claims under consumer fraud laws from multiple states, including New York, Washington and New Jersey, among others.

A consumer filed a similar class action lawsuit against Walmart last year, alleging the company’s Equate brand cosmetics are falsely advertised as being “oil-free.” 

Have you purchased “oil-free” cosmetic products from Target? Let us know in the comments! 

The plaintiff is represented by Frederick J. Klorczyk III and Brittany S. Scott of Bursor & Fisher PA.

The Target oil-free cosmetics class action lawsuit is Sorkin v. Target Corp., Case No. 1:21-cv-03546, in the U.S. District Court for the Northern District of Illinois.

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