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A new class action lawsuit accuses L’Oreal USA Inc. and its brand Urban Decay Cosmetics LLC of falsely advertising that its Lush Lash System would make eyelashes grow, alleging that the expensive eyelash serum failed to cause real physical growth for the plaintiff.
The L’Oreal class action lawsuit, filed in New York federal court May 8, is seeking over $5 million in damages, and alleges the companies violated New York’s Deceptive Acts or Practices Law, in addition to false advertising and unfair business practices statutes in other states, in its claims the Urban Decay Lush Lash System would cause consumers’ eyelashes to grow.
Named plaintiff Rasibel Pena of Bronx County, New York, alleges in the class action lawsuit that in 2013 she purchased the Urban Decay Lush Lash System for $42. She alleges she purchased the lash serum based on the claims made on the labeling of the product, as well as Urban Decay’s website, that it would cause real eyelash growth.
The L’Oreal class action lawsuit claims that Pena used the Lush Lash System for approximately a month and a half and “did not observe any physical growth (either lengthening or thickening) of her eyelashes. As a result, [Pena] suffered injury in fact. Had [she] known the truth about [L’Oreal’s] misrepresentations and omissions, she would not have purchased the premium priced product but would have purchased a less expensive eyelash serum.”
In the Urban Decay class action lawsuit, Pena describes the very detailed product claims made by the company in its website and product packaging. The Lush Lash Serum is described on the packaging as “growth accelerating serum,” according to the class action lawsuit, and describes the Urban Decay web site claims: “Defendants have consistently conveyed the very specific message to consumers throughout the United States… that the product, with its ‘accelerating serum’ and ‘conditioning mask’ will cause ‘25% LONGER THICKER LASHES IN TWO WEEKS’ and ‘the results get ridiculously more impressive, showing 40% improvement in 4 weeks, and 63% in 6 weeks.'”
The L’Oreal class action lawsuit goes on to allege that some other eyelash-boosting products sold by L’Oreal include statements that the results are cosmetic in nature in addition to the product claims about the results consumers should expect. However, according to the class action lawsuit, no such representations are included on the Lush Lash Serum product packaging. As a result, “the represented lash growth claims would not be interpreted by the reasonable consumer as purely cosmetic in nature because none of the representations are preceded by language to suggest so.”
The Urban Decay Lush Lash advertising materials, the class action lawsuit filing goes on, include specific language about how the products work, using “peptides” to stimulate keratin “to lengthen, thicken and fortify your lashes.”
Pena seeks to represent all consumers in the U.S. who purchased the L’Oreal/Urban Decay Lush Lash Serum, and seeks to reclaim the difference between the non-growth mascara on the market, at about $7, and the $42 Lush Lash Serum.
The plaintiffs are represented by C.K. Lee of Lee Litigation Group PLLC.
The L’Oreal/Urban Decay Lush Lash Class Action Lawsuit case is Raisbel Pena v. Urban Decay Cosmetics LLC et al., Case No. 1:14-cv-03353, in the U.S. District Court for the Southern District of New York.
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23 thoughts onUrban Decay Lush Lash Class Action Lawsuit Says Product Doesn’t Work
Best mascara and brush ever and worth every penny…had more complements on eyes than ever. .totally bummed and want to know what would urban decay will replace such a fantastic product with! Next time buy another mascara instead of ruining a product for those who love it!
People suck! :( The Lush Lash Mascara was amazing. I used it every day until I went to get a new one and it was no where to be found. This mascara worked great. My lashes grew so long and full. Of course not every product works for everyone. Boooo :(
I couldn’t agree more with some of the comments. loved the mascara, been using it for years and now i have to find another brand since it’s discontinued due to someone’s idiotic action and greed! seriously… 5 mil?! geezz…
This was hands down the best mascara I have ever used, and I have tried many “premium priced” mascaras. THANKS A LOT for being so disgustingly lazy and money hungry, because now we can’t even buy this anymore. Don’t live outside your means. If you can’t afford 42 dollar mascara, don’t buy it. Now you are suing for 5 million??? If she gets this it just PROVES that our justice system is severely broken. Makes me sick. Loser.
This was the best mascara I’ve ever used, now it’s gone:(. Thanks allot!
This was not only the best – it was the ONLY mascara I could find that didn’t irritate my eyes! I loved it and no I can’t get it because of one angry person!
Well now I know who to “thank” for my favorite vegan mascara no longer being on the shelves. I hope she gets zero dollars.
Regardless of lash growth claims, this mascara made my lashes EXTREMELY long and thick, without the animal products. A difficult feat, in my opinion, as I have tried at least 15 different vegan mascaras over the past 2 years, and this was the best one by far (which made it worth every penny). If anyone finds a suitable substitute, I would love to hear about it.
This is why people suck. This product has worked wonders for many and unfortunately it didn’t work for you. That is disappointing I understand, but is it really worth suing the company for over 5 million dollars? This product is now discontinued Thanks to you. So basically you have ruined it for anyone else who it has worked for. You paid $40 for it. So suing for 5 million sounds fair to you?? its disgusting really. You and your lawyers should be ashamed. I don’t understand how someone can be like that. I don’t get it. Unbelievable :(
This really worked for me, I bought 2 tubes because I didnt want to run out and be empty handed. If it hadnt worked I would of returned it not sue like this money hungry greedy person. And your right she ruined it for us that it did work for.
Well, I’m amazed. I bought this product – just the mascara, to start – simply because it was vegan. After a few weeks of use, it did seem like my lashes were longer and fuller. While I was still using that first tube, I saw that Urban Decay had launched a new mascara (this one NOT vegan) and was replacing Lush Lash. Went to store to buy a new tube, the shelves were bare and I had to seek out another brand/product. This one is also high end, even including fibers to make lashes look fuller. Now, I’ve been 3-4 weeks without Lush Lash, and no matter how many “faux lash” fibers I add (which fall in eye and leave corneas feeling scratched – now THERE’S a problem!), my eyelashes are looking skimpier and shorter by the day. Stumbled on this site while trying desperately to find some lingering Lush Lash I could buy. At least now I know what happened. If ever there was a case of “different strokes for different folks,” this is it. A sad farewell to the best vegan mascara I’ve ever found.
Terrible product was very disappointed. I just got rid of the stuff also made my eyes red.
Nob head, just cause your lashes are shit try another mascara instead of crying on here
Ya I have this siting in mine makeup bag for 20 dollars and it don’t work waste money . I love have mine money back . For this worthless product . Makes you look like you got black eyes on top not working .