WHITE PLAINS, N.Y. (Legal Newsline) – A New York woman alleges she paid $73 for an eye serum that did not work as advertised.
Nancy Nguyen, on behalf of herself and all others similarly situated, filed a complaint on Feb. 6 in the U.S. District Court for the Southern District of New York against Drunk Elephant LLC alleging violation of New York's Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiff alleges that on April 12, 2017, she purchased defendant's Shaba Complex Eye serum believing it would provide the advertised skin-altering and medical benefits. She alleges the product did not provide the advertised benefits.
As a result, Nguyen alleges she suffered injury and would not have been willing to pay $73 for the product if she had known it would not provide the advertised benefits.
The plaintiff holds Drunk Elephant LLC responsible because the defendant allegedly engaged in deceptive, unfair and unconscionable commercial practices in failing to reveal material facts and information about the product.
The plaintiff requests a trial by jury and restitution and disgorgement, declaratory relief, award of pre- and post-judgment interest, attorneys' fees, costs, and such other relief as the court may deem just and proper. She is represented by C.K. Lee of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 7:18-cv-01051-KMK