StriVectin-SD False Advertising Class Action Lawsuit Back in Federal Court

StriVectin-SD False Advertising Class Action Lawsuit Back in Federal Court

By Kimberly Mirando

A nearly seven-year-old class action lawsuit claiming that StriVectin-SD skin cream is falsely advertised as being “clinically proven” to reduce wrinkles continues to plod its way through the court system after being removed – again – to federal court.

Plaintiff Sarah Morgan sued Klein-Becker USA LLC, the maker of StriVectin, and more than a dozen other marketers and distributors of StriVectin in 2006, claiming they fraudulently marketed the cream as a wrinkly reducer. StriVectin was first introduced to the market in 2002 as a stretch mark repair cream, but was later touted as a “miracle” and “breakthrough” cream for eliminating facial wrinkles.

 In 2005, the U.S. Food and Drug Administration issued a warning letter to the defendants regarding their advertising claims about StriVectin-SD’s wrinkle-reducing power, which Morgan says was never subjected to clinical trials.

The proposed class action lawsuit has spent the last seven years cycling through a number of jurisdictional disputes. Originally filed the Superior Court of New Jersey, it was appealed to the Third Circuit, remanded back to the state court, and is now back in federal court after a March 19 U.S. Supreme Court decision in a separate case, which dictates it belongs in federal court because it is seeking between $15.5 million and $39 million in damages.

The class action lawsuit is alleging claims of fraud, unjust enrichment and breach of warranty.

The StriVectin-SD False Advertising Class Action Lawsuit case is Sarah Morgan v. Dennis W. Gay et al., Case No. 13-cv-02470, U.S. District Court for the District of New Jersey.

Updated April 23rd, 2013

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