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A new class action lawsuit accuses L’Oreal USA Inc. and its brand Urban Decay Cosmetics LLC of falsely advertising that its Lush Lash System would make eyelashes grow, alleging that the expensive eyelash serum failed to cause real physical growth for the plaintiff.
The L’Oreal class action lawsuit, filed in New York federal court May 8, is seeking over $5 million in damages, and alleges the companies violated New York’s Deceptive Acts or Practices Law, in addition to false advertising and unfair business practices statutes in other states, in its claims the Urban Decay Lush Lash System would cause consumers’ eyelashes to grow.
Named plaintiff Rasibel Pena of Bronx County, New York, alleges in the class action lawsuit that in 2013 she purchased the Urban Decay Lush Lash System for $42. She alleges she purchased the lash serum based on the claims made on the labeling of the product, as well as Urban Decay’s website, that it would cause real eyelash growth.
The L’Oreal class action lawsuit claims that Pena used the Lush Lash System for approximately a month and a half and “did not observe any physical growth (either lengthening or thickening) of her eyelashes. As a result, [Pena] suffered injury in fact. Had [she] known the truth about [L’Oreal’s] misrepresentations and omissions, she would not have purchased the premium priced product but would have purchased a less expensive eyelash serum.”
In the Urban Decay class action lawsuit, Pena describes the very detailed product claims made by the company in its website and product packaging. The Lush Lash Serum is described on the packaging as “growth accelerating serum,” according to the class action lawsuit, and describes the Urban Decay web site claims: “Defendants have consistently conveyed the very specific message to consumers throughout the United States… that the product, with its ‘accelerating serum’ and ‘conditioning mask’ will cause ‘25% LONGER THICKER LASHES IN TWO WEEKS’ and ‘the results get ridiculously more impressive, showing 40% improvement in 4 weeks, and 63% in 6 weeks.'”
The L’Oreal class action lawsuit goes on to allege that some other eyelash-boosting products sold by L’Oreal include statements that the results are cosmetic in nature in addition to the product claims about the results consumers should expect. However, according to the class action lawsuit, no such representations are included on the Lush Lash Serum product packaging. As a result, “the represented lash growth claims would not be interpreted by the reasonable consumer as purely cosmetic in nature because none of the representations are preceded by language to suggest so.”
The Urban Decay Lush Lash advertising materials, the class action lawsuit filing goes on, include specific language about how the products work, using “peptides” to stimulate keratin “to lengthen, thicken and fortify your lashes.”
Pena seeks to represent all consumers in the U.S. who purchased the L’Oreal/Urban Decay Lush Lash Serum, and seeks to reclaim the difference between the non-growth mascara on the market, at about $7, and the $42 Lush Lash Serum.
The plaintiffs are represented by C.K. Lee of Lee Litigation Group PLLC.
The L’Oreal/Urban Decay Lush Lash Class Action Lawsuit case is Raisbel Pena v. Urban Decay Cosmetics LLC et al., Case No. 1:14-cv-03353, in the U.S. District Court for the Southern District of New York.
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23 thoughts onUrban Decay Lush Lash Class Action Lawsuit Says Product Doesn’t Work
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Is there any of this serum being sold anywhere? Totally bummed I can’t find this product anymore
I agree. It worked for me and I’ve been trying to find it for a while now but can’t.
Oh my gosh!! I have been trying for the past hour to find Lush Lash online, because a few years ago I lost a bunch of lashes (huge gap) and it worked great for me!! When the gap happened again, I tried another cheaper product and it did NOTHING, so I decided to fork out the $45 or so for Lash Lush so that I would have certain results. I bet this person did not religiously follow the directions on the package. Terrible that they discontinued something that really works!! Bummed.
So unfortunate, I really liked it and felt like I got desirable results. Since I’m a product junky I’d been cheating on UD when I couldn’t afford it with a lash accelerator from Rimmel. The Rimmel one is pretty good too and cheaper.
This worked great for me. It didnt work for her so the rest of us have to suffer? Now another frivolous lawsuit winds its way through an already clogged court system. Shakespeare was correct. Nervy broad.
Went to JC Penny today to rebuy the lush lash and the shelves were bare. The sales person did not know why the product had been discounted. Then I was directed to a similar product that was twice the price!! The serum was $88 and now I’m nearly out of the mascara. More members of our narsasistic society thinking only about themselves!
I WANT MY LUSH LASH BACK! I too begin using several years ago because my left eye was almost completely bald of lashes! Within 6 weeks of using it was looking more like the right eye. After about 90 days both eyes were full and long. Beautiful lashes I my 50s. It has only been 4 weeks since I ran out of my tube and had to find something new and my lashes are starting to fall out again. Greedy people just SUCK!
I just want to say to everyone who is shitting on this FABULOUS product that everyone’s skin, personality, opinions, feelings, tastes, hair, AND eyelashes are all DIFFERENT. We are all unique and different in our own special way, and everyone’s bodies are sensitive to certain products while others are not at all. I am very sorry that you decided to spend money on something that could or could not work depending on YOUR body. Personally, I had a bad reaction to a mascara when I was younger and lost most of my eyelashes. They were incredibly short for awhile, and so I begun to wear fake eyelashes. In the meantime, I gave Urban Decay Lush Lash System and within a couple weeks I could already see changes. Since then, I have gone through about 5 different tubes of the stuff because I fell in love with the results. Thankfully, my eyelashes are now back to extremely long and thick and I get compliments almost every day as to how long they are. THANK YOU LUSH LASH SYSTEM and I am so terrible sorry that some people are so insensitive and crazy enough to sue you for a product that changed my life.
Hahaha I have bought the lush lash serum infused mascara for a while now and my lashes have never looked better can’t believe they have taken it off the shelf…. some people just naturally have crap lashes so why not try false’s rather than spoil it for everyone else.