Estée Lauder Advanced Night Repair Products
September 2014: Plaintiffs filed an amended complaint making similar allegations (that the company deceptively markets ANR products as providing specific age-negating benefits when, in reality, none of the ingredients provide the promised results).
August 2014: A federal judge dismissed this class-action lawsuit finding that, among other things, the named plaintiff failed to point to any scientific evidence that could discredit Estée Lauder’s statements about its ANR products. The false advertising claims were dismissed without prejudice, meaning that plaintiffs can refile the complaint.
August 2013: A class-action lawsuit was filed against Estée Lauder alleging that the company deceptively marketed its Advanced Night Repair (“ANR”) products. Specifically, consumers claim that Estée Lauder advertises its anti-aging products as “uniquely able to provide certain permanent, age-negating effects on human skin” when such results are not possible. The complaint also alleges, among other things, that the Estée Lauder ads contain misleading statistics and patent claims, and altered images, and that they deceptively use scientific data to increase the believability of its claims. (Tomasino et al. v. Estée Lauder Companies, Inc., Case No. 13-cv-04692, E.D.N.Y.).
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When a complaint is dismissed with prejudice, it cannot be refiled.