CAMDEN, N.J. (Legal Newsline) - Class action lawyers want $2 million from a settlement with Grande Cosmetics over its eyelash-enhancing products.
Philadelphia's Honik LLC filed its motion for fees and costs on Jan. 4 in New Jersey federal court, a few weeks after Judge Renee Marie Bumb gave preliminary approval to the settlement.
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 nearly one-third ($2 million), plus $25,465.85 in costs and a $15,000 award for the lead plaintiff in the case.
"There is no question this matter, pending for over a year, would be complex if it were litigated further," the motion says. "Class counsel are seasoned attorneys with considerable experience litigating and settling class actions of similar size, scope and complexity."
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.
An earlier 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."