CAMDEN, N.J. (Legal Newsline) - A federal judge has given preliminary approval to a class action settlement with Grande Cosmetics over its eyelash-enhancing products.
The lawsuit, filed in November 2022 in New Jersey federal court, contained allegations Grande's eyelash-enhancing products were sold as cosmetics despite containing the same active ingredients as a prescription drug for eyelash growth.
Plaintiff Brenda Nixon said the GrandeLASH-MD caused a severe reaction that included swelling, pain, impaired eyelids and blurred vision. The product and others contain isopropyl cloprostenate, the suit alleges.
On Oct. 23, the sides presented their proposed settlement for preliminary approval. It has Grande paying $6.25 million to a fund to pay class members nationwide up to $150. The motion lauds the case's results while pointing out a rejected settlement over the same allegations in California.
This settlement, they say, is all-cash and no coupons and worth more than the other. After attorneys fees, court costs and notice costs, the fund for 800,000-1 million class members will be more than $3.5 million, the motion says.
Lawyers will be seeking up to one-third of the $6.25 million figure - $2,083,333.33.
New Jersey federal court judge Renee Marie Bumb on Dec. 13 gave preliminary approval to the settlement. She will weigh any objections before giving final approval.
The lawsuit claims Grande sells its enhancement serums without a prescription and with no warning of the serious side effects. Nixon alleges in her suit that she and other consumers purchase the products without knowing they were "new, unapproved drugs" that can have serious side effects.
Nixon further alleges Grande negligently used misleading, deceptive and fraudulent actions to sell its product. She is represented by Ruben Honik and David Stanoch of Honik Law LLC in Philadelphia.
A statement from the company says:
"Grande Cosmetics denies the allegations asserted in the Complaint filed by Brenda Nixon, including the allegations that Grande made any misrepresentations relating to its products or that its products containing Isopropyl Cloprostenate cause any serious potential side effects. The case did not relate to personal injuries suffered by users of the products.
"In resolving the dispute, Grande Cosmetics did not admit any wrongdoing relating to its marketing of any of its products. Grande Cosmetics, however, has agreed to enhance the labeling of the products – including updated usage instructions and wording within the ingredient list – for clarity. GrandeLASH-MD, GrandeBROW and GrandeHAIR are safe cosmetic products with a proven track record of overwhelmingly positive consumer satisfaction and comprehensive product safety testing substantiates the safety of Grande’s products."