L’Oreal Class Action Lawsuit Says Liquid Makeup Dispenser is Defective

UPDATE: On Nov. 7, 2019, plaintiffs in the L’Oreal class action lawsuit asked the Second Circuit to revive their lawsuit, arguing that the district court wrongfully dismissed their claims.

L’Oreal USA Inc. is facing a class action lawsuit alleging its liquid makeup dispensers are defective and prevent consumers from being able to use a significant amount of the product.

Plaintiffs Mary Tullie Critcher, Twoana Clark-Sheppard, Victoria Marynovsky and Patricia Belbot claim that L’Oreal’s liquid cosmetic products are enclosed in containers designed to prevent consumers from using more than a quarter of the product.

In some cases, the L’Oreal class action lawsuit alleges, consumers are unable to access more than half of the product they purchased.

“To make matters worse, the containers are often glass bottles, sealed shut, and are designed to prevent consumers from opening them, thereby thwarting consumers’ access to the trapped product by any reasonable and safe means,” the L’Oreal class action lawsuit says.

The products named in the L’Oreal class action lawsuit include Visible Lift Serum Absolute, Age Perfect Eye Renewal Eye Cream, and Revitalift Bright Reveal Brightening Day Moisturizer, and Maybelline brand Superstay Better Skin Skin-Transforming Foundation.

The plaintiffs say they sought independent laboratory testing of the products which confirmed that the liquid makeup containers dispensed between 43 percent and 81 percent of the container’s advertised contents.

“This low dispensation rate deceives and damages consumers, who typically spend approximately $15 for the products, meaning that consumers may lose on the average approximately $7 on each purchase because of Defendant’s defective packaging,” the L’Oreal class action lawsuit says.

L’Oreal is aware of the issue because numerous consumers have raised complaints with the company. Many complaints are posted directly on L’Oreal’s website, and the company has responded to them by thanking the consumer for their feedback, the L’Oreal class action lawsuit says.

Despite promising the consumers that their comments will be shared with the management team, L’Oreal continues to sell liquid makeup products in containers with the defective design, the L’Oreal class action lawsuit alleges.

The plaintiffs claim that not only does the defective design of the containers deprive consumers of the full value of the product they purchased, it also causes some consumers to purchase additional products more quickly than they would have if they had been able to access all of the liquid makeup in the container.

“There is no equitable justification for Defendant’s products to suffer from these defects or for Defendant to deceive and mislead consumers,” the plaintiffs allege in the L’Oreal class action lawsuit.

They point to alternative container designs, including some that are already being used by L’Oreal, which allow consumers to access most of the product contained inside. These design options include screw-off lids, squeeze tubes, removable pumps, and airless pumps, the plaintiffs say.

The plaintiffs seek to represent themselves and a proposed Class of consumers who purchased liquid cosmetic products sold by L’Oreal in the United States. They also seek to represent subclasses of residents of Florida, Kansas, Nevada, Missouri, and Texas.

The plaintiffs are represented by Laurence D. King, Matthew B. George, and Ralph E. Labaton of Kaplan Fox & Kilsheimer LLP; Karen E. Snyder and Paul D. Snyder of Snyder Law Firm LLC; and by Matt Dameron of Williams Dirks Dameron LLC.

The L’Oreal Defective Liquid Makeup Dispenser Class Action Lawsuit is Mary Tullie Critcher, et al. v. L’Oreal USA Inc., Case No. 1:18-cv-05639, in the U.S. District Court for the Southern District of New York.