French cosmetics company L’Oreal is facing a lawsuit in the Southern District of New York. The complaint was filed as a class action that includes four consumers and others who feel that they have been cheated.
At issue is two of the company’s products. One is the makeup product Maybelline Super Stay Better Skin Skin Transforming Foundation. The other is the Age Perfect Eye Renewal Eye Cream. The average cost of both products across the country is $15. Yet, plaintiffs allege that they are only able to dispense between 43 and 81 percent of the volume of each product as it is disclosed on the label.
Plaintiffs argue that the reason they are unable to fully utilize the contents is that the bottles are defective. Typically, the products are dispensed by a pump, but the consumers involved in the lawsuit say that the pump cannot provide access to all of the contents. The plaintiffs further allege that the bottles are made of glass and sealed in such a way that consumers cannot access the contents in another manner. Accordingly, they say that anyone who attempts to use these products is losing approximately $7 based on their inability to use half the bottle’s contents.
Numbers concerning the faulty dispensation of products were determined through laboratory testing, and plaintiffs suggest that the results should be well known to L’Oreal. This is because consumer reviews posted on the L’Oreal website routinely include complaints about being unable to access much of the product that is packaged in bottles. The company’s response is a polite thank you and a note saying that the complaint will be passed on to management. Plaintiffs say that the packaging remains unchanged despite a relatively long history of such complaints.
In the lawsuit, the plaintiffs argue that “there is no equitable justification for Defendant’s products to suffer from these defects,” pointing out that the company routinely uses other, more effective dispensers for various items. L’Oreal has yet to answer the complaint, but it seems clear that they may have a costly fight in terms of legal fees and bad press.