Revlon DNA Advantage Cosmetics Class Action Settlement

Parties have reached a settlement in a false advertising class action lawsuit over the Revlon DNA Advantage line of cosmetics.

The settlement will make cash payments available to consumers who purchased Revlon DNA Advantage cream makeup, concealer or powder between April 25, 2011 and June 30, 2016.

Plaintiffs Anne Elkind and Sharon Rosen initiated this Revlon Age Defying DNA Advantage class action lawsuit in 2014. Elkind and Rosen argued that the phrase “DNA Advantage” would mislead a reasonable consumer to think that the product could have some beneficial effect on human DNA.

Consumers could get the mistaken impression that Revlon DNA Advantage could “reverse, minimize, slow, or otherwise ‘defy’ the process of aging,” they claimed. But according to Revlon’s trademark registration, the phrase “DNA Advantage” refers only to the inclusion of ingredients that protect the skin from ultraviolet rays, just like ordinary sunscreen.

Elkind and Rosen argued that Revlon’s representations about its DNA Advantage products violated the federal Food, Drug, and Cosmetic Act as well as consumer protection laws of New York and California.

The false advertising class action lawsuit survived a motion for dismissal in May 2015. U.S. District Judge Joanna Seybert pared away some of the plaintiffs’ claims, however, upon finding that they were preempted by federal law.

Under terms of the DNA Advantage settlement, qualifying Class Members who submit a valid claim may be entitled to payments from a $900,000 settlement fund. The settlement also requires Revlon to discontinue the manufacture, promotion and sale of the DNA Advantage products at issue after its current inventory runs out.

Class Members who want to object to the settlement or ask to be excluded from its terms, must do so by July 18, 2017.

Who’s Eligible

Class Members eligible to claim a payment include persons who between April 25, 2011 and June 30, 2016 purchased Revlon DNA Advantage cream makeup, concealer, or powder within the United States for personal, household or family use and not for resale.

Potential Award

$3 for each Revlon DNA Advantage item purchased.

Class Members may claim payment for up to three items, or more if they can provide proof of purchase.

Proof of Purchase

Class Members may claim payment for up to three items without having to provide proof of purchase. To claim payment for more than three items, Class Members must provide proof of purchase in the form of a sales receipt or product packaging.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/5/2017

Case Name

Final Hearing

8/1/2017

UPDATE: The Revlon DNA Advantage Cosmetics settlement was granted final approval on August 2, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

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.

Settlement Website

www.DNAAdvantageSettlement.com

Claims Administrator

Revlon “DNA Advantage” Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
1-888-238-0820
info@DNAAdvantageSettlement.com

Class Counsel

Thomas A. Canova
Jack Fitzgerald
THE LAW OFFICE OF JACK FITZGERALD PC

Ronald A. Marron
Skye Resendes
LAW OFFICES OF RONALD A. MARRON APLC

Defense Counsel

Patricia L. Glaser
Sean Riley
GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO

Nelson A. Boxer
PETRILLO KLEIN & BOXER LLP