Judge Won’t Trim Away L’Oréal Keratindose Class Action Lawsuit

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A New York federal judge refused to completely dismiss claims in a class action lawsuit alleging that L’Oréal and Matrix falsely advertised a line of hair products as containing keratin.

Lead plaintiffs Brandi Price and Christine Chadwick allege in their class action lawsuit that they were duped into thinking the Matrix Biolage Keratindose line of hair products contained a protein called keratin.

According to the plaintiffs, keratin helps treat damaged hair, but the Keritindose line produced by L’Oréal did not actually contain any keratin.

L’Oréal asked for the class action lawsuit to be dismissed, arguing that the plaintiffs could not establish their fraud claims or claims that the hair product company violated California state advertising and business laws, noting that the products in question use the word “Pro-Keratin” instead of “keratin.” U.S. District Court Judge Lorna Schofield rejected the company’s arguments.

“The fact that the advertisements did not use the word ‘keratin’ in isolation and instead used the word ‘Pro­keratin’ does not change the analysis,” explained the judge’s order. “It is unclear what ‘Pro-­keratin’ is and, given the inclusion of the word ‘keratin’ and the characterization of the shampoo, for example, as ‘our keratin shampoo,’ defendants plausibly misrepresented that the products contain keratin.”

The plaintiffs’ claims for unjust enrichment were trimmed from the class action lawsuit along with the plaintiffs’ pleading for an injunction against L’Oréal.

“A plaintiff must plead a ‘real or immediate threat’ of injury in order to have standing to pursue injunctive relief,” explained the order. “Plaintiffs here do not have standing because they allege only past injury and state that they would not have bought the Products had they known (as they now do) that the Products do not contain keratin.”

Further, noted the judge, the plaintiffs’ failed to oppose L’Oréal’s argument that Class Members should not be reimbursed for the full cost of the product – a hefty $23 to $30 per bottle – and instead be awarded only the difference between the purchase price and the extra expense they can blame on the alleged false advertising.

According to the L’Oréal class action lawsuit, each plaintiff purchased products from the Matrix Biolage Keratindose line under the impression that the hair products contained keratin. However, after experiencing less than stellar results after buying several bottles of the product, the plaintiffs say they had the products tested. According to the lab, the products did not contain any keratin as advertised, alleged the plaintiffs.

The products included in this class action lawsuit are Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and Pro-Keratin Renewal Spray.

The plaintiffs are represented by attorneys Jason T. Brown and Patrick S. Almonrode of JTB Law Group LLC, Rachel Soffin and Jonathan B. Cohen of Morgan & Morgan Complex Litigation Group, Nick Suciu III of Barbat Mansour & Suciu PLLC, Jason Thompson, Lance Young and Rod Johnston of Sommers Schwartz PC, and Greg Coleman of Greg Coleman Law PC.

The L’Oréal Keratindose Class Action Lawsuit is Brandi Price, et al. v. L’Oréal USA Inc., et al., Case No. 1:17-cv-00614, in the U.S. District Court for the Southern District of New York.

UPDATE: March 2019, a website has been set up to inform Class Members about their rights under the Matrix Biolage class action lawsuit.