Physicians Formula Class Action Says Cosmetics Mislabeled as ‘Natural’

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A class action lawsuit alleges Physicians Formula Cosmetics Inc. mislabels its Organic wear line as being “100% Natural”and of “100% Natural Origin.”

Plaintiff Qiu-Yun Zhang says that on Aug. 27, 2016 she bought two Physicians Formula products, Organic wear 100% Natural Origin CC Color + Correction Cream SPF 20 and Organic wear 100% Natural Lash Boosting Mascara, from a Rite Aid in New York.

Zhang claims she tested some of the cream on her hand, but found that it had a strong odor and made the skin on her hand dry.

She refrained from using the cream on her face after she noticed certain citrus-based ingredients on the ingredient list that she recognized as irritants likely to cause dryness.

The plaintiff says that despite the label describing these products as “100% Natural” and of “100% Natural Origin,” they contain synthetic ingredients.

Among the many ingredients in the mascara, Zhang alleges that stearic acid, microcrystalline cellulose, titanium dioxide and glycerin are all synthetic.

Similarly, the cream Zhang bought allegedly contains polyglyceryl-4 isosterate, polyglyceryl-4, dodecane, glycerin and titanium dioxide – all of which she says are synthetic.

The plaintiff claims that Physicians Formula makes similar representations on at least 10 of its products, labeling those cosmetics as being either “100% Natural” or of “100% Natural Origin.”

In her Physicians Formula class action lawsuit, Zhang alleges the company falsely labels these products as natural so it can charge a premium for cosmetics that are not what their labeling says they are.

Zhang claims the “100% Natural” representation is a material factor for reasonable consumers deciding which cosmetics they will buy.

Yet ordinary customers are in no position to determine whether the ingredients in their cosmetics are truly natural or synthetic, so they have to rely on representations by the products’ manufacturers, she says.

Zhang also attacks representations on the Physicians Formula website that claim, “We never allow fragrance, PABA, or any of the 100+ known skin irritants into anything we make.”

These statements are false and deceptive, Zhang claims, because the company allegedly scents even the cream and mascara she purchased with ingredients like lavender oil and extract of citrus.

She challenges Physicians Formula’s representation that the correction cream she bought is “100% Free of Harsh Chemicals.”

The plaintiff says that some of the plant and fruit extracts listed in the ingredient list are in fact processed with harsh chemicals. Chloroform is often used in the extraction of fatty acids from acai fruit, she claims, and titanium dioxide itself is a harsh chemical.

Zhang seeks to represent a statewide Class consisting of “[a]ll persons who have purchased Organic wear 100% Natural Origin CC Color + Correction Cream SPF 20 at any time within the applicable statute of limitations (the ‘Class Period’) within the State of New York.”

She seeks a permanent injunction against Physicians Formula stopping them from representing its Organic wear line of products within New York as “100% Natural” or “100% Natural Origin.”

The plaintiff is represented by attorney Mark Schlachet of the Law Offices of Mark Schlachet.

The Physicians Formula False Advertising Class Action Lawsuit is Qiu-Yun Zhang v. Physicians Formula Cosmetics Inc., et al., Case No 1:16-cv-07705, in the U.S. District Court for the Southern District of New York.