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Estee Lauder Hit with False Advertising Class Action Lawsuit
By Anne Bucher
Estee Lauder Cos. Inc. is the target of a false advertising class action lawsuit that accuses the company of misleading its customers by claiming its Advanced Night Repair skin care products promote DNA repair and other anti-aging effects.
According to plaintiff Donna Tomasino, she purchased Estee Lauder’s Advanced Night Repair Synchronized Recovery Complex and Advanced Night Repair Eye Synchronized Complex based on the company’s advertisements. However, she says in her class action lawsuit that the anti-aging claims are not supported by any actual product testing.
“The clinical studies and other data that Estee Lauder represents as supportive of the claimed efficacy results are nothing more than a continuation of defendants’ misleading practices — each of the studies is designed to be used in the marketing materials to support the claimed efficacy and defendants know that consumers will not see the results these studies purportedly represent,” the Estee Lauder class action lawsuit says.
In her class action lawsuit, Tomasino alleges that Estee Lauder created its advertising campaign for the Advanced Night Repair products to mention scientific research and promise anti-aging results, even though the company knows that these advertisements are false. She claims that the company is motivated by profit and intends to deceive consumers into believing that the products have anti-aging effects so that they will spend a higher price for the Advanced Night Repair line of products.
According to Estee Lauder’s marketing materials, the Advanced Night Repair line was “(i)nspired by 30 years of groundbreaking DNA research, Estee Lauder brings you the most comprehensive, high-performance anti-aging formulas we have ever created. Think of them as ‘insurance’ for younger, healthier-looking skin. Today and tomorrow.”
According to the class action lawsuit, the company backs up this claim by referencing in-vitro testing, clinical tests, patents and genetic research. Tomasino claims, however, that none of the products’ ingredients can deliver the results touted by the marketing materials.
“In sum, Estee Lauder dupes consumers with false and misleading promises of product results based on purported scientific discoveries that it knows it cannot deliver. Estee Lauder does so with one goal in mind – reaping enormous profits at the expense of consumers,” the Estee Lauder skin cream class action lawsuit says.
Because the Advanced Night Repair skin care line is sold mainly at high-end department stores or at the Estee Lauder website, customers are unable to make a side-by-side comparison of products on store shelves and must make their decision to purchase the items based on Estee Lauder’s marketing efforts. These efforts include print media advertisements, Internet marketing, television commercials, advertising displays and counter sales.
In her class action lawsuit, Tomasino says that Estee Lauder spent more than $2.65 billion on marketing but spent only $96.5 million on research and development in 2012. Due to the company’s aggressive and persuasive marketing tactics, American consumers are spending significant money on products that cannot deliver the results promised by Estee Lauder. As a result, Estee Lauder has been unjustly enriched due to its deceptive and misleading advertising.
Tomasino is represented by Caroline F. Bartlett, James E. Cecchi and Zachary S. Bower of Carella Byrne Cecchi Olstein Brody & Agnello PC and Jay W. Eisenhofer, Robert G. Eisler and Adam J. Levitt of Grant & Eisenhofer PA.
The Estee Lauder False Advertising Class Action Lawsuit is Donna Tomasino v. The Estee Lauder Cos. Inc., et al., Case No. 1:13-cv-04692, in the U.S. District Court for the Eastern District of New York.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
26 thoughts onEstee Lauder Hit with False Advertising Class Action Lawsuit
I too have paid lots of money for these so-called anti-aging products and have used them with dedication for years. No youthful skin appearing, no reduction of lines, no improved elasticity! What a crock! I have worked hard and spent my hard-earned money on products that claim to help my appearance and boost my confidence and that wrinkles are a thing of the past…. Bull! Give me back all the money I have spent on your products!
I have been using the product every night for three (3) months and the serum for under my eyes. I am 50 yrs old. My skin and my complexion look amazing. I think you need to be reasonable in your expectations. Genetics, lack of sleep and the environoments in which we live can take it’s toll over the years. It is not reasonable to expect that you use it once or twice and/or never finishthe botlle or don’t apply it every night before you go to bed and you will immediately look 20 yrs younger. It’s not plastic surgery. I do see my fine lines have smoothed, my skin is hydrated and the dark circles, which I’ve had all my life, are at this point, unnoticeable when I apply my eye makeup. I also use much less moisturizer since my skin is so well hydrated now. A bottle of ANS, used as prescribed, lasts me about 8 mos, and I use less moisturizer now. It is still cheaper than picking some random product in the drugstore to add to my collection of products “that didn’t work as claimed either”. I am getting so many compliments on my skin now and in the long run, I spend less money than plastic surgery, microdermabrasion, peels or on random cheaper drug store, discount store products that don’t do what they claim at all. I am very happy with the product and all my friends that have tried it, who are the same age or oler than me love it too.
ANR is the best. I have used many products in the past years. I started using the Advance Night Repair and other Estee Lauder skin products three years ago. Now everywhere I go people compliment on my skin and ask what product I use. The Advance Night Repair really works. It’s the best. I see many people making comments here just have used it three times or not even finished the bottle. The fact is that they can’t expect the damage done by every environmental assault on their faces all these years erased in a couple of months. However, they should definitely feel the immediate difference of this product on the face. I tried ANR on my husband a couple of times since goes to the pool a lot. Now he asks me to put ANR on his face when we go out since he feels the skin moisturized immediately and the tan looks better. From my experience ANR is one of the best skin care products and it has been working beautifully for me. I believe most people in this lawsuit are not the long time Estee Lauder product users since they will tell you the same wonderful experience I have.
I have had nothing but a great experience with Este Lauder. I have had so many complements on my skin.
It makes my skin feel and look great
I’ve used over a number of years and I find that it does work.
I have bought this several time never saw any difference.Thank U
Have purchased it three different times never saw or felr any improvement!
I have bought several of the Estee Lauder ANR line and never saw an improvement PLUS I still have several half empty bottles sitting in my bathroom cabinet…just don’t bother to use as they did nothing for me. I actually bought a few at Dillard’s dept. store and on the estee lauder website! What a complete waste of money! I agree with this 100%!!!
Try it many times it do not work just money wasted could have spend my money on something that actually works
purchased it several times used it …..doesn’t do what it claims ….false advertising