Revlon DNA Advantage is a Lie, Says Class Action Lawsuit

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The “DNA Advantage” touted by Revlon Consumer Products Corp. in its marketing of various products has brought a class action lawsuit against the cosmetic company, according to a filing made public Tuesday. The two lead plaintiffs, from New York and California, allege that Revlon committed fraud by suggesting its Revlon Age Defying products offer “DNA Advantage,” although none of their products can stimulate, interact with or otherwise affect genetic code in human skin cells.

The Revlon class action lawsuit was filed by plaintiffs Anne Elkind and Sharon Rosen in Long Island Federal Court, and seeks class action status, injunctive relief, and payment, including punitive damages from Revlon. The plaintiffs are also requesting a recall of the foundation, powder and concealer products marketed with the “Revlon Age Defying with DNA Advantage” tagline.

According to the Revlon class action lawsuit, “Revlon’s clever use of the phrase ‘with DNA Advantage’ has a strong tendency to cause ordinary consumers mistakenly to believe that ingredients in these cosmetic products interact with the skin’s DNA, perhaps on a cellular or molecular level, to provide scientifically-enhanced therapeutic benefits that reverse, minimize, slow, or otherwise ‘defy’ the process of aging.”

Furthermore, the Revlon Age Defying class action lawsuit claims, “Revlon claims in its federal trademark registration that ‘DNA Advantage’ refers to an ‘ingredient in the manufacturing of cosmetics and makeup to protect against UV rays’ — basically nothing more than sunscreen. And, remarkably, only one of its three ‘Age Defying with DNA Advantage’ products, the cream makeup (foundation) even contains sunscreen.”

In addition to Revlon’s deliberate use of the phrase “with DNA Advantage,” rather than “with sunscreen,” the company utilizes a “prominently-displayed design of intertwined double-stranded molecules, which is immediately recognizable as the ‘double helix design of DNA,'” the class action says. Both of these together, the plaintiffs allege, can  deceive ordinary consumers into the belief that there is something particularly scientifically important and beneficial about these cosmetics, and definitely over and above the simple inclusion (in one of the products) of sunscreen.

The Revlon Age Defying makeup class action lawsuit alleges misbranding in violation of California’s Sherman Law, the Federal Food, Drug and Cosmetic Act, and the New York EDN Law 6815, and states, the “Age Defying DNA Advantage Products are also drugs because an intended use of the products, as repeatedly demonstrated throughout Revlon’s packaging, advertising, and marketing materials, is to affect the structure and function of the human body, specifically, DNA within human skin. Accordingly, the product is promoted for uses that cause it to be a drug.”

The plaintiffs say they paid more for the product than they otherwise would have, believing the cosmetics to confer some DNA advantage. “Because the Age Defying DNA Advantage Products did not actually affect the skin’s DNA as promised, their true value was $0,” reads the complaint.

The plaintiffs are represented by the Law Offices of Ronald A. Marron APLC and the Law Office of Jack Fitzgerald PC.

The Revlon Age Defying DNA Advantage Class Action Lawsuit is Elkind et al v. Revlon Consumer Products, Case No. 2:14-cv-02484, in the U.S. District Court for the Eastern District of New York.

UPDATE: The Revlon DNA Advantage Cosmetics Class Action Settlement is now open! Click here to file a claim.

UPDATE 2: On Nov. 18, 2017, Top Class Actions viewers started receiving checks in the mail worth as much as $7.61 from a class action settlement involving allegations that Revlon’s “Age Defying with DNA Advantage” products were falsely advertised.