Kiss My Face Class Action Challenges ‘Natural’ Skin Care Products

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The self-proclaimed “natural” cosmetic company Kiss My Face was hit with a class action lawsuit alleging it misleads consumers by marketing products as “natural,” when they actually contain synthetic chemicals.

Lead plaintiff Andrew Gasser says he paid extra to purchase Kiss My Face products because the company advertises their lotions, skin care, and other cosmetic items as natural by using the phrases “nourish naturally” and “naturally effective” on packaging.

According to the Kiss My Face class action lawsuit, the Federal Trade Commission filed a complaint against the company in 2016 because their products contained chemicals like phenoxyethanol and/or ethylhexylglycerin.

The lawsuit claims that Kiss My Face and two other cosmetic companies that marketed their products as natural agreed to stop in response to the FTC complaints. However, consumers had already paid a premium for products that they thought were natural and did not contain synthetic ingredients.

“On its website, Defendant touts that ‘[f]or 35 years, Kiss My Face has been striving to give you naturally effective skin care and body products, using natural ingredients while maintaining a healthy respect for our planet. And to this day, we are obsessively passionate about staying true to our values,’” notes the complaint.

The plaintiff alleges that he decided to buy Kiss My Face lotion from various stores in California because the packaging indicated that the lotion would “nourish naturally.” The plaintiff further claims that by using the word “natural” he, and other putative Class Members, understood that to mean that the product would not contain any synthetic chemicals.

According to the class action, Kiss My Face body lotion comes in six varieties, all of which include synthetic ingredients. These products are Kiss My Face Olive & Aloe®, Vitamin A & ETM, Honey & Calendula™, Tropical Coconut™, Peaches & Créme®, and Lavender Shea™.

Kiss My Face also sells eight varieties of body wash, says the class action. All products, alleges the plaintiff, have been labeled with the phrase “naturally nourish” or “nourish naturally” on the packaging over the last four years.

“Consumers have become increasingly concerned about the effects of synthetics and chemical ingredients in cosmetic products,” the Kiss My Face lawsuit states. “As a result, consumers are willing to pay, and have paid, a premium for products labeled ‘natural’ over ordinary products that contain synthetic ingredients.”

The class action points out further that both the FTC and the Food and Drug Administration have warned marketers that using the term “natural” may be deceptive to consumers.

The plaintiff says Kiss My Face deceives consumers with its natural marketing campaign and also violates California consumer and business law. The plaintiff also alleges that Kiss My Face committed fraud, breached express and implied warranties, and was unjustly enriched by the false marketing campaign.

Gasser seeks to represent a nationwide Class of Kiss My Face purchasers along with a California subclass. The plaintiff is seeking compensatory and punitive damages, an injunction against Kiss My Face, and attorneys’ fees.

The plaintiff is represented by L. Timothy Fisher, Joel D. Smith, Yeremey O. Krivoshey of Bursor & Fisher PA.

The Kiss My Face “Natural” Skin Care Class Action Lawsuit is Andrew Gasser v. Kiss My Face LLC, Case No. 3:17-cv-01675-JSC, in the U.S. District Court for the Northern District of California.

UPDATE: The Kiss My Face Skin Care Class Action Lawsuit was dismissed on June 24, 2019.