Sarah Mirando  |  June 19, 2012

Category: Legal News

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Sally Hansen Nailgrowth Miracle Class Action Lawsuit

By Mike Holter

 

Sally Hansen Nailgrowth MiracleA class action lawsuit filed in Superior Court claims Coty, Inc. pushes its Sally Hansen Nailgrowth Miracle products with bogus claims that they “enhance the growth” of fingernails.

According to the class action lawsuit, Coty has spent millions of dollars falsely advertising that these nail treatment products will help users’ nails grow at a “guaranteed” rate of “30% in 5 days” or “59% in 14 days,” depending on the product.

“In other words, Defendants claim that the Nailgrowth Miracle Products will overcome age, gender, season, exercise level, diet, and other hereditary factors which are scientifically accepted to control fingernail growth,” the class action lawsuit says. “The relevant, generally accepted science, however, makes it clear that it is anatomically impossible for any product – drug or cosmetic – to permeate the nail plate and deliver any alleged ‘growth’ benefit to the nail when applied topically without the use of aggressive permeation enhancement techniques such as nail abrasion, acid etching or the use of chemical agents.”

 
The class action lawsuit continues: “There is absolutely no scientific basis whatsoever for Coty’s outlandish claims that a cosmetic product with the ingredients contained in the Nailgrowth Miracle Products, applied topically with a feather-soft artist brush … could possibly permeate the nail plate to reach the growing part of the nail and deliver any purported ‘growth benefit.’
 
“In other words, Coty’s claims for the Nailgrowth Miracle Products are simply not scientifically possible and the Nailgrowth Miracle Products amount to nothing more than a very expensive placebo.”

The false advertising class action lawsuit is brought on behalf of all persons who purchased any Sally Hansen Nailgrowth Miracle product for personal use and not for resale, in the State of California, from June 2008 through the present. It is seeking restitution, damages, punitive damages, and more for alleged fraud, violation of the California Legal Remedies Act, false and misleading advertising, and violation of California’s Unfair Competition Law.

A copy of the Sally Hansen Nailgrowth Miracle Class Action Lawsuit can be read here.

The case is Silvia Morales v. Coty, Inc., Case No. 1205740, Superior Court of the State of California, County of San Bernardino.

 

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Updated June 19th, 2012

 

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