Maybelline SuperStay Makeup
May 2014: A federal judge refused to certify the class in a lawsuit against Maybelline for allegedly misleadingly marketing its makeup. The complaint, which was originally filed in 2012, alleges, among other things, that the company promises its makeup – including SuperStay 24HR Lipcolor and SuperStay 24HR Makeup – will not transfer (i. e. rub off) and will last for 24 hours when, in reality, such claims are not true. The judge found that, among other things, the named plaintiff and the other class members did not suffer a similar injury because, based on the results of surveys, the named plaintiff’s conduct (i. e. relying on the misrepresentations) was not typical of the other class members. (Algarin et al v. Maybelline, LLC and Maybelline New York, Case No. 12-cv-03000, S. D. CA.).
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When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.