EOS Now Faces Four Class Action Lawsuits over ‘Blistering’ Claims

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The popular lip balm company, EOS (Evolution of Smooth), has been hit with four potential class action lawsuits within the last two weeks. All four lawsuits claim that the celebrity-endorsed lip product causes severe dryness, blistering and rashes on consumers’ lips and skin.
Plaintiff Rachel Cronin filed the first of the four EOS lawsuits on January 12 in California. She alleged she experienced concerning lip and skin reactions following her purchase of the product on Dec. 4, 2015 and her subsequent use of the lip balm.

According to the EOS class action lawsuit, Cronin posted her story and photos on Facebook alleging that the lip product caused her lips to crack and her surrounding skin to flake off, then blister. The lawsuit claimed the post “set off a frenzy of other responses from other individuals who shared the identical experience with EOS.”

Three additional lawsuits followed, with one in Florida State Court and two in U.S. District Courts in Illinois and New York.

Plaintiff Melisa Menz of Florida states in her EOS class action lawsuit that she purchased the lip balm products “on several occasions for household use, before realizing they were the cause of her adolescent daughter suffering painful rashes, blisters, and dry, red, cracking skin.”

Menz also claimed her 3-year-old daughter used the lip balm which caused “a severe rash, puffiness, dryness, redness and discomfort upon use, which lasted approximately six (6) months” until she discovered that the lip balm was the culprit for the skin issues.

While Menz did not make any claims of personal injury arising from product use, she filed the lawsuit based on EOS’s alleged “misrepresentations and omissions regarding the lip balm products.”

The EOS lip balm class action lawsuit alleges violations of Florida’s Deceptive and Unfair Trade Practices Act and negligent misrepresentation. Menz is seeking restitution and disgorgement of profits in addition to actual damages and attorneys’ fees and costs.

Plaintiff Nicole Caggiano filed the third potential EOS class action lawsuit in New York after she allegedly broke out in several rashes while using the lip balm from January 2015 until December 2015. Caggiano discontinued use of EOS when she realized that the lip balm was the only common factor in her rashes.

Plaintiff Samantha Tipirneni filed the fourth EOS lip balm class action lawsuit in Illinois on January 20. Tipirneri claims to have purchased EOS several months ago and began applying the product to her lips regularly beginning the week of January 11, due to cold weather. After more continued use, she experienced dry skin, rash, and blisters.

The third and fourth lawsuits were filed by the same law firm as Cronin’s original lawsuit, Geragos & Geragos. The allegations in the lawsuits filed by Cronin, Caggiano and Tepineri include violations of state unfair business laws, breaches of express and implied warranties, fraud and unjust enrichment. They also asked EOS to warn consumers of the risks associated with the use of their product.

Caggiano, Tepineri and Cronin all brought forth their respective proposed class actions “to compel EOS to be a transparent and responsible citizen by (1) publically addressing and curing the overwhelming health concerns it has received from consumers, (2) warning consumers of the adverse effects caused by the product, and (3) making whole the consumers who have been injured by the product.”

Of interest, the three lawsuits filed by Geragos & Geragos (representing Cronin, Tipirneni and Caggiano) listed the various ingredients included in EOS lip balm and included an explanation about each ingredient. The EOS lawsuits list sodium hydrolauronate, butyrospermum parkii (shea butter), ascrorbyl palmitate, tocopherols (TCP), and Stevia extract.

Two components appear to contain potential allergens, stevia, a sweet-leaf herb and shea butter. With respect to shea butter in particular, the EOS lawsuits claim the outdated name was used, and the FDA actually refers to the ingredient as Vitalleria paradoxa (Sheanut) and that under the Food Allergen Labeling and Consumer Protection Act of 2004, “Vitalleria paradoxa (Sheanut), is considered a ‘nut,’ and thus a ‘major allergen.’”

EOS issued a statement in response to Cronin’s original lawsuit saying, “We firmly believe this lawsuit is without merit. Our products are made with the highest quality ingredients and meet or exceed all safety and quality standards set out by our industry and validated by rigorous testing conducted by an independent lab. The health and well-being of our customers is our top priority and millions of satisfied customers use our products every day, many of whom take the time to share their experiences with us.”

Cronin, Tipirneni and Caggiano are represented by Mark J. Geragos, Ben J. Meiselas, Frida Hjort and Tina Glandian of Geragos & Geragos APC.

Caggiano is additionally represented by Raymond C. Silverman and Melanie H. Muhlstock of Parker Waichmen LLLP; and Tipirneni is additionally represented by R. Seth Crompton and Eric D. Holland of the Holland Law Firm.

Menz is represented by Joshua H. Eggnatz and Michael J. Pascucci of Eggnatz Lopatin & Pascucci LLP.

The EOS Lip Balm Class Action Lawsuits are Rachael Cronin v. EOS Products LLC, Case No. 2:16-cv-00235, in U.S. District Court for the Central District of California; Caggiano v. EOS Products LLC, Case No.1:16-cv-00408, in U.S. District Court for the Southern District of New York; Tipirneni v. EOS Products LLC, Case No. 2:16-cv-02022, in U.S. District Court for the Central District of Illinois and Menz v. EOS Products LLC, Case No. 8:16-cv-00128, in U.S. District Court for the Middle District of Florida.

UPDATE: On Jan. 28, 2016, EOS announced that it would settle the five proposed class action lawsuits. The terms of the EOS settlement are unknown at this time but keep checking TopClassActions.com for updates.