WIlliams Dirks Dameron Files National Class Action Against L’Oréal
July 20, 2018
Millions of consumers in Missouri, Kansas and across the country use liquid cosmetic products with pumps that dispense the liquid products. Unfortunately for consumers, certain pumps do a poor job of dispensing the products, and to make matters worse, the pumps can’t be removed from the containers. As a result, those consumers can’t access a significant amount of product—sometimes more than half of the product is stranded in the container.
This problem is the basis of a class action lawsuit filed by Williams Dirks Dameron LLC in New York federal court against L’Oréal USA, Inc. (“L’Oréal”). The lawsuit is filed on behalf of all consumers in the country who have bought one or more of four products manufactured and distributed by L’Oréal and Maybelline (a L’Oréal subsidiary). The products are:
L’Oréal Visible Lift Serum Absolute Foundation
Maybelline Superstay Better Skin Skin-Transforming Foundation
L’Oréal Age Perfect Eye Renewal Eye Cream
L’Oréal Revitalift Bright Reveal Brightening Day Moisturizer
The lawsuit alleges consumers have been complaining (with some products for several years) that the pumps do not dispense all of the liquid cosmetic products from the containers and that large amounts of the liquid products are stranded in the containers. Despite being aware of the problem, and that other more efficient packaging options are available and used widely in the cosmetics industry, the lawsuit alleges L’Oréal intentionally continued to market and distribute the products using the inefficient closed pump design.
In addition to asserting claims on behalf of all consumers nationwide, the lawsuit asserts claims on behalf of subclasses of consumers in several specific states, including Missouri, Kansas, Texas, Florida, and Nevada based on those states’ consumer fraud/protection laws.
Williams Dirks Dameron filed the lawsuit with its co-counsel from two other firms: the Snyder Law Firm based in Leawood, Kansas, and Kaplan Fox & Kilsheimer LLP with offices in San Francisco and New York City.