Federal appeals court makes up mind, tosses makeup suit
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You can’t make this up.
Eight women attempted to sue L’Oréal USA Inc. claiming that the cosmetics company trapped liquid product in its pumps and women were ripped off as a result of a few less drops of anti-aging face creams.
“Plaintiffs brought this action because a portion of each of the liquid cosmetics they purchased could not be extracted,” court documents from the U.S. District Court for the Southern District of New York say. “Unable to retrieve the full product — and believing that they were deceived into buying more of the cosmetics than they could use — they sought relief” in federal district court, which made up its mind in July 2019, ruling that the women’s application of state law was preempted by federal law governing the labeling of cosmetic products.
The women had stated common-law claims against L’Oréal — for unjust enrichment and breach of the implied warranty of merchantability — in addition to claims under eight state consumer-protection statutes, according to documents.
A win for L’Oréal, a federal appeals court in New York on Monday upheld the dismissal of this suit, ruling that the consumers in the proposed class action were pursuing under various states’ consumer protection laws that were preempted by a federal law governing the labeling of cosmetic products, according to documents.
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