FRESNO, Calif. (Legal Newsline) - A California woman has asked that her proposed class action against the makers of a popular hair removal product be moved to federal court.
The plaintiff, April Cantley, filed her notice with the U.S. District Court for the Eastern District of California, Fresno Division, Oct. 29.
She alleges the defendants -- New York-based Radiancy Inc. and Nevada-based PhotoMedex Inc. -- denied her request for a full refund. Cantley had purchased the defendants’ no!no! brand hair remover, but says she was “unsatisfied” with the product.
The hair remover -- often seen on television infomercials -- is a handheld device that conducts gentle pulses of heat when glided across a person’s skin.
Its thermodynamic wire and built-in safety mechanisms contact with the hair and singe it all the way down to its follicle.
Cantley contends she purchased the no!no! based on “print, television and online advertisements” that touted the product and offered “a full refund of the product price, shipping and handling, and return shipping within 60 days if she was unhappy with” it.
She alleges the defendants engaged in false and misleading advertising, and contends she lost money as a result of their actions.
In her complaint, originally filed in Kern County Superior Court in March 2014 and amended in June 2014, Cantley asserts claims for violation of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act on behalf of a putative class.
Cantley argues in last week’s removal notice that the class action belongs in federal court because the amount-in-controversy requirement is met and exceeds $5 million.
She seeks to represent a class of all persons who purchase a no!no! in California from March 14, 2010 to present. She seeks restitution, damages, injunctive relief and attorneys’ fees, among other things.
Sheppard Mullin Richter & Hampton LLP, which has offices in Los Angeles, San Francisco, Orange County, Palo Alto and San Diego, represents Cantley.
The defendants could not immediately be reached for comment.
From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.