Too Faced Class Action Challenges Better Than Sex Mascara Volume Claims

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Too Faced Cosmetics faces a class action lawsuit alleging that their “Better Than Sex” Mascara does not boost volume as advertised.

Plaintiffs Jodi Floth and Veronica Eshelby have filed a class action against Too Faced Cosmetics LLC alleging that their Better Than Sex Mascara does not boost lash volume by “1,944%”  as the product’s packaging claims.

Both Floth and Eshelby allegedly purchased the Better Than Sex Mascara in September 2017 and October 2016, respectively. They argue that the product did not provide better volume than competitor products that are sold for “less than half the price.”

Better Than Sex Mascara comes in a .027 oz. bottle which retails for $23 or a 0.17 oz. bottle which retails for $20. Both Floth and Eshelby claim that they would not have purchased the product for a premium price had they known the 1,944 percent claim was misleading.

The Better Than Sex Mascara class action lawsuit says the product’s packaging contains statements such as “1,944% more volume!* […] *results observed in a clinical study,” “Don’t miss out on the mind-blowing mascara that gives your lashes 1,944% more volume,” and “Too Faced Better Than Sex Waterproof Mascara is a sweat-proof, waterproof, play-proof mascara that gives you 1,944% more volume.** […] **clinical study results.”

According to the Too Faced Cosmetics class action lawsuit, the company was investigated by the National Advertising Division (NAD) of the Better Business Bureau in 2017 after the brand faced multiple allegations that their 1,944 percent claim was false and misleading. Following their investigation, the NAD allegedly recommended that Too Faced discontinue their 1,944 percent volume claim.

The Better Than Sex Mascara class action lawsuit says that despite the NAD’s recommendation Too Faced allegedly refused to stop using the 1,944 percent claim but agreed to stop referencing clinical studies in their advertising.

The cosmetics brand also said that they would discontinue their Home Shopping Network video. However, as of April 20, 2018 the company has allegedly not yet removed the video from the platform.

The Home Shopping Network video reportedly features a host and a Too Faced representative discussing the claims of the Better Than Sex Mascara. In the video, the brand representative reportedly says, “Isn’t it crazy? 1,944%! This is a study of 40 women after 3 coats of Better Than Sex, that is the percentage, 1,944% improvement in the appearance. It’s an incredible claim.” Of the clinical studies claims, the brand representative allegedly states “we do it in the lab […] and we do study after study. […] That is truth it is 1,944%. It’s crazy, but it’s true.”

Floth and Eshelby seek to represent a Class of consumers who purchased Better Than Sex Mascara within the relevant statute of limitations. They also seek to represent a California statewide Class of consumers under similar circumstances.

The Too Faced Better Than Sex Mascara class action lawsuit seeks compensatory damages, punitive damages, restitution, disgorgement, court costs, and attorneys’ fees.

The plaintiffs are represented by Robert Starr, Adam Rose, and Manny Starr of Frontier Law Center.

The Too Faced Cosmetics Better Than Sex Mascara 1,944% More Volume Class Action Lawsuit is Floth and Eshelby v. Too Faced Cosmetics LLC, Case No. 8:18-cv-00707, in the U.S. District Court for the Central District of California.