L’Oréal and Maybelline Liquid Cosmetics

August 2019: Plaintiffs filed a Notice of Appeal regarding the dismissal order.

July 2019: A federal judge dismissed this case concluding that the claims were preempted by federal law and the plaintiffs did not adequately allege that reasonable consumers would be deceived by the product packaging.

2018: A class-action lawsuit was filed against L’Oréal USA for allegedly misleadingly packaging L’Oréal and Maybelline liquid cosmetics – including L’Oréal Age Perfect Eye Renewal Eye Cream and Revitalift Bright Reveal Brightening Day Moisturizer and Maybelline Superstay Better Skin Skin-Transforming Foundation – by stating the amount of liquid cosmetic in the container without disclosing that consumers will not be able to access a large portion (sometimes more than half) of the product in the container because the pumps are defective. Plaintiffs originally filed their complaint in June and amended their complaint in November. (Critcher et al v. L’Oréal USA, Inc., Case No. 18-cv-5639, S. D. N. Y.)

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