Walmart Equate ‘Oil-Free’ Products Contain Soybean, Palm Oils, Alleges Class Action Lawsuit

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Walmart’s store brand Equate cosmetics are falsely advertised as “oil-free,” according to a class action lawsuit filed in New York federal court Thursday.  

Lead plaintiff, Caitlin Payten, wants to represent other consumers who she says were duped by Walmart’s “oil-free” claims about certain Equate products. Payten says that, despite prominently labeling certain store-brand moisturizers, face wash, and sun screens as “Oil-Free,” the products in fact contain a plethora of ingredients that consumers would consider oils.  

Payten says that she purchased Equate Oil-Free Moisturizer for $6.97 from a Walmart in New York. She claims that she paid extra for the product because she thought it contained no oil; however, the moisturizer is actually made using soybean sterols, an ingredient derived from soybean oil.  

Walmart misrepresents the following Equate products as “oil-free,” alleges the class action lawsuit:  

• Equate Beauty Oil Free Facial Moisturizer 
• Equate Beauty Oil-Free Acne Wash 
• Equate Beauty Oil-Free Eye Makeup Remover 
• Equate Beauty Oil-Free Sunscreen Stick 

The plaintiff says that despite representing to consumers that the products do not contain oil, Walmart Equate cosmetics are made with ingredients that meet the definition of oil, “including being less dense than water, more viscous than water, and feeling slick or slippery to the touch.” 

In addition to soybean oil, other Walmart Equate products contain oils or ingredients derived from oils, such as coconut or palm kernel oil, silicone oils, vegetable oil, and even petroleum products, contends the class action lawsuit.  

Payten says she and other consumers would not have purchased or paid as much for Walmart Equate Oil-Free beauty products had they known they contained oil. She says there is no way for a consumer who does not have an advanced understanding of chemistry to determine that the “oil-free” products actually contain oil ingredients.  

Walmart falsely advertised its Equate Oil-Free products in violation of various consumer protection laws, claims the class action lawsuit which accuses the retailer of breach of warranty and unjust enrichment.  

The plaintiff wants to represent a nationwide Class of consumers who purchased Walmart Equate Oil-Free products, as well as a New York subclass.  She is seeking damages and a court order stopping the alleged false advertising.  

Do you use Walmart Equate “oil-free” products? We want to hear about your experience! Tell us about it in the comment section below.  

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

The Walmart Equate Oil-Free Class Action Lawsuit is Payten v. Walmart, Inc., Case No. 7:21-cv-05880 in the U.S. District Court for the Southern District of New York.  

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