Target Class Action Says Up & Up Towelettes Anything but ‘Gentle’

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.

Last week, Target Corporation was hit with a class action lawsuit alleging its Up & Up Makeup Remover Cleansing Towelettes cause users to experience irritation and an allergic reaction that causes redness of the skin and a burning sensation.

According to the Up & Up makeup remover class action lawsuit, Target markets its Up & Up brand as “Quality needs priced to please. With up & up your satisfaction is 100% guaranteed or your money back.”

However, plaintiff Megan McAteer says she was not satisfied with the Up & Up Makeup Remover Cleansing Towelettes – Evening Calm that she purchased from Target because they allegedly caused her to develop an allergic reaction that caused her face to experience a burning sensation and turn bright red. She says she is not the only one to have experienced such a reaction to the wipes.

The Up & Up towelettes are allegedly marketed as “ultra soft cloths” that gently remove makeup, including waterproof mascara. According to the Target class action lawsuit, the Up & Up towelettes are also marketed as hypoallergenic and appropriate for all skin types.

“Target’s Products, however, are so harsh that they cause users’ skin to develop an allergic reaction – the Products cause the users’ face to develop a burning sensation that turns the skin red,” McAteer alleges in the Target Up & Up makeup remover class action lawsuit.

Target allegedly markets the Up & Up makeup remover as being comparable to Neutrogena Night Calming Makeup Remover Cleansing Towelettes. McAteer notes that the products actually share only four of the same ingredients.

“Despite being touted as a product that ‘gently removes makeup’ and ‘alcohol-free,’ Target uses a number of harsh chemicals and known human allergens in the Products, such as Octyldodecyl Stearoyl Stearate, Hexylene Glycol, Tocopheryl Acetate, Aminomethyl Propanol, Phenoxyethanol, Iodopropynyl Butylcarbamate, and Fragrance, among others,” the Target class action lawsuit says.

McAteer claims that one or more of the Up & Up makeup remover’s active ingredients cause irritation and an allergic reaction that makes the product dangerous and unsuitable for sale as an over-the-counter product.

The Target class action lawsuit points to several complaints posted on the Target website about the Up & Up makeup remover from users who claim to have experienced an allergic reaction after using the product.

By filing the Target class action lawsuit, McAteer seeks to represent a proposed Class of U.S. residents and a proposed Class of California residents who purchased the Up & Up makeup remover towelettes and who suffered economic, personal or financial injuries from the product.

The Target Up & Up makeup remover class action lawsuit asserts claims for violations of the California Unfair Competition Law, the California Consumer Legal Remedies Act, false and misleading advertising, breach of express warranty, breach of the implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, negligence, fraud, breach of contract, unjust enrichment, and declaratory judgment.

McAteer is seeking declaratory relief, injunctive relief, applicable statutory and civil penalties, pre- and post-judgment interest, attorneys’ fees and costs, and other relief deemed appropriate by the court.

McAteer is represented by Francis J. “Casey” Flynn Jr., in association with co-counsel Jasper D. Ward IV and Ashton Smith of Jones Ward PLC.

The Target Up & Up Makeup Remover Cleansing Towelettes Class Action Lawsuit is Megan McAteer v. Target Corporation, Case No. 2:17-cv-07848-DSF-PLA, in the U.S. District Court for the Central District of California.

UPDATE: On Jan. 9, 2018, the plaintiff voluntarily dismissed this Target class action lawsuit after determining that Minnesota would be a better location for this case since that is where Target is headquartered. McAteer filed a similar class action lawsuit in Minnesota federal court on Feb. 7, 2018.