Class action alleges L’Oreal sent deceptive marketing emails using false ‘free gift’ claim

L’Oreal class action lawsuit overview:

• Who: Plaintiff Sohyun Kim filed a class action lawsuit against L’Oreal USA S/D Inc.
• Why: Kim claims L’Oreal sent marketing emails with misleading subject lines that falsely advertised “free gifts” and time-limited sales.
• Where: The class action lawsuit was filed in Washington state court.

A new class action lawsuit accuses L’Oreal of bombarding Washington consumers with marketing emails that contain false or misleading subject lines designed to pressure recipients into making purchases.

Plaintiff Sohyun Kim alleges L’Oreal, through its Lancome brand, violated Washington’s Commercial Electronic Mail Act and Consumer Protection Act by sending emails that falsely advertised “free” gifts and misrepresented when promotions would end. 

The class action lawsuit claims these subject lines were crafted to create a false sense of urgency and mislead consumers before they even opened the emails.

Kim argues that many of Lancome’s marketing emails prominently promoted “free gifts” in their subject lines while failing to disclose that consumers had to spend a minimum amount, sometimes more than $100, to receive the items. 

According to the complaint, the purchase requirements were disclosed only in the body of the email, not in the subject line, making the “free” claims deceptive.

L’Oreal allegedly created sense of false urgency to pressure consumers into purchases

Kim also claims Lancome repeatedly sent emails stating that promotions were ending “tonight,” were in their “final hours” or represented a consumer’s “last chance” to save, even though the same promotions were extended or replaced with better deals shortly afterward. 

In several instances cited in the class action lawsuit, Lancome allegedly advertised a sale as ending only to extend it the following day or offer a deeper discount days later.

The class action alleges that Lancome’s email strategy was intentionally designed to manipulate consumer behavior by creating artificial urgency. Kim claims the company routinely planned to extend sales or offer improved discounts despite telling consumers the deals were ending, rendering the subject lines false and misleading.

Kim claims she personally received dozens of such emails over a two-year period, many of which promised free gifts or expiring deals that were not genuine. She claims she would not have opened the emails or felt pressured to act had the subject lines been truthful.

The complaint seeks to represent a class of Washington residents who received Lancome marketing emails with misleading subject lines during the relevant period. Kim alleges each deceptive email constitutes a separate violation of state law.

Kim is seeking statutory damages of up to $500 per illegal email as well as treble damages, attorneys’ fees, costs and injunctive relief to stop L’Oreal from continuing the alleged practices. She has also demanded a jury trial.

In another class action involving L’Oreal, a consumer sued the company over allegations it falsely advertised its La Roche-Posay Anthelios Melt-In-Milk Sunscreen as having an SPF of 60 when it allegedly provides only SPF 34 protection.

Have you ever received an email from Lancome that contained a false or misleading subject line? Let us know in the comments.

The plaintiff is represented by Ellery Johannessen of Johannessen Law PLLC and Jeffrey C. Toppe of The Toppe Firm LLC.

The L’Oreal false email marketing class action lawsuit is Kim v. L’Oreal USA S/D Inc., Case No. 2:25-cv-02568-JHC, in the Superior Court of the State of Washington, Snohomish County.

Read About More Class Action Lawsuits & Class Action Settlements:

• Porsche recalls over 170,000 vehicles due to rearview camera issue
• BMW class action claims transfer cases in luxury vehicles are defective
• FDA recalls numerous foods, cosmetics and drug products, including Advil and Tylenol
• Johnson & Johnson faces class action over allegedly deceptive baby oil labeling