Class Action Accuses Phyto Stem Cell+ Makers of False Advertising

Last week, a class action lawsuit was filed against GMC Skin Care USA Inc. d/b/a/ G.M. Collin, a beauty products manufacturer, alleging that the company uses false advertising to market its Phyto Stem Cell+ products.

Lead plaintiffs filed the false advertising class action lawsuit in New York. In their complaint, they allege that G.M. Collin claims their Phyto Stem Cell+ products “reverse the signs of aging by improving the vitality of skin cells and repair DNA.” However, the plaintiffs continue, G.M Collin’s Phyto Stem Cell+ products do not contain any ingredients that are capable of repairing skin cells or DNA as promised.

The Phyto Stem Cell+ class action lawsuit alleges that G.M. Collins mislabels the Phyto line as containing living plant cell extracts, but, according to the plaintiffs, the skin creams do not contain these claimed ingredients. The plaintiffs also allege in their false advertising class action lawsuit that anti-aging skin care represents a $2 billion market.

“Defendant’s hoax involves numerous false and misleading statements concerning its Stem Cell Products which have injured Plaintiffs and the Class by inducing them to purchase worthless and/or overpriced products,” allege the plaintiffs in their Phyto Stem Cell+ class action lawsuit. “G.M. Collin does so with one goal in mind — reaping enormous profits at the expense of consumers. Defendant, however, should be held accountable and liable for its deceptive conduct in its marketing and sale of the Stem Cell Products.”

The plaintiffs claim that G.M. Collin’s allegedly false marketing of the Phyto Stem Cell+ line violates federal laws and state consumer protection laws. According to the false advertising class action lawsuit, the Phyto products should be considered unapproved new drugs under the federal Food, Drug and Cosmetic Act. The plaintiffs seek to represent a nationwide Class of consumers who purchased products from G.M. Collins Phyto Stem Cell+ line, as well as a subclass of California and Washington consumers.

The G.M. Phyto Stem Cell+ line of products includes the Phyto Stem Cell+ Serum, Cream, Gel-Cream, Eye Contour, and Mask. The false advertising class action lawsuit alleges the Phyto products “will not rebuild collagen, promotes skin cell survival and longevity or repair DNA, and will not provide consumers with anti-aging results including reduced lines and wrinkles, improved skin elasticity and resilience, and firmer younger looking skin.”

“Rather, the plant cell extracts found in cosmetics, such as the Stem Cell Products, cannot survive in active form long-term and therefore cannot provide the therapeutic anti-aging effects,” the Phyto Stem Cell+ class action lawsuit alleges. “Moreover, as described herein, no ingredient found in the Stem Cell Products is capable of repairing the skin’s DNA from past damage.”

Other producers of supposed anti-aging skin products have been the target of recent class action lawsuits alleging that the products are falsely advertised. L’Oreal USA Inc., Macy’s Inc., Nordstrom Inc. and Bloomingdale’s Inc. were recently served subpoenas requesting information on customers who purchased L’Oreal skin care products.

The plaintiffs are represented by Antonio Vozzolo and Javier Hidalgo of Faruqi & Faruqi LLPand Ronald A. Marron of The Law Offices of Ronald R. Marron.

The Phyto Stem Cell+ False Advertising Class Action Lawsuit is Reid, et al. v. GMC Skin Care USA Inc., Case No. 8:15-cv-00277, in the U.S. District Court for the Northern District of New York.