Target Class Action Says Makeup Remover Falsely Advertised as ‘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.

Target was hit with a class action lawsuit alleging Up & Up Makeup Remover Cleansing Towelettes in the Evening Calm variety cause swelling, redness, and irritation.

Lead plaintiff, Megan McAteer, claims in her class action lawsuit that Target’s Up & Up Makeup Remover Cleansing Towelettes in the Evening Calm variety are advertised as gentle; however, the plaintiff says she suffered an allergic reaction to the product, including burning, itching, redness and swelling.

“Target’s Up & Up Makeup Remover Cleansing Towelettes – Evening Calm are marketed as ‘ultra soft cloths’ that ‘gently removes makeup, even waterproof mascara,’” alleges the Target class action lawsuit. “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.”

The plaintiff says that Target markets the makeup remover as requiring no rinsing and appropriate for all skin types. She says that she and others relied on that marketing when purchasing the product, but her experience and online complaints show that the towelettes do not live up to Target’s claims.

Further, alleges the Target class action lawsuit, Target markets its Up & Up Makeup Remover Cleansing Towelettes as equivalent to a higher priced product, Neutrogena Night Calming Makeup Remover Cleansing Towelettes. The Target class action lawsuit points out that, contrary to its advertising, the two products only share four 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,” alleges the Target class action lawsuit.

According to the class action lawsuit, several cosmetic organizations have identified these chemicals as irritants. The complaint argues that Target falsely advertises the Up & Up Makeup Remover Cleansing Towelettes as a cheaper alternative to a gentler makeup remover; however, the Target product is not truly equivalent.

McAteer seeks to represent a nationwide Class of consumers who purchased Target’s Up & Up Makeup Remover Cleansing Towelettes in the Evening Calm variety, as well as a California subclass. The plaintiff seeks to represent Class Members who not only suffered an allergic reaction or other physical injury, but also economic or financial injuries from the product.

The plaintiff is seeking damages, as well as a court order stopping Target from allegedly falsely advertising the wipes.

McAteer filed a similar class action lawsuit against Target in October 2017 in California federal court. However, she voluntarily dismissed her claims last month after determining that Minnesota would be a better location for this case since that is where Target is headquartered.

The plaintiff is represented by Genevieve M. Zimmerman if Meshbesher & Spence LTD, Francis J. “Casey” Flynn, Jr. of the Law Office of Francis J. Flynn Jr., and Jasper D. Ward IV, and Alex Davis of Jones Ward PLC.

The Target Up & Up Makeup Remover Cleansing Towelette Class Action Lawsuit is McAteer v. Target Corporation, Case No. 0:18-cv-00349-DWF-LIB, in the U.S. District Court for the District of Minnesota.

UPDATE: On April 2, 2018, Target asked the court to dismiss the proposed class action by arguing that the claims are nothing but “quintessential puffery,” and that Target’s marketing and labeling of the products does not constitute false advertising.