By Noddy A. Fernandez | Jun 29, 2018

WHITE PLAINS, NY (Legal Newsline) – A beauty products company is alleged to package liquid cosmetics in defective bottles that cannot pump out all the product.

Mary Tullie Critcher, Twoana Clark-Sheppard, Victoria Marynovsky and Patricia Belbot, individually and on behalf of other similarly situated persons, filed a complaint on June 21 in the U.S. District Court for the Southern District of New York against L’Oréal USA Inc. over alleged violation of New York's Consumer Protection Statutes, the Florida Deceptive and Unfair Trade Practices Act, the Missouri Merchandising Practices Act and other counts.

According to the complaint, the plaintiffs allege that they purchased defendant's liquid cosmetic products that allegedly use defective pumping bottles that only dispense between 43 percent to 81 percent of the container's advertised contents. 

As a result, the "low dispensation rate deceives and damages plaintiffs and the class of consumer, who typically spend approximately $15 for the products, meaning that consumers may lose on the average approximately $7 on each purchase because of defendant’s allege defective packaging," the suit states.

The products named in the suit include L'Oreal's Superstay Better Skin Skin-Transforming Foundation and Age Perfect Eye Renewal Eye Cream.

The plaintiffs allege that had they known the packaging was defective, they would not have purchased the products.

The plaintiffs hold L’Oréal USA Inc. responsible because the defendant allegedly misrepresented the consumable amount of product in the bottles.

The plaintiffs request a trial by jury and seek to grant damages, restitution, or disgorgement; declaratory and injunctive relief; award compensatory and punitive damages; pre- and post-judgment interest, and grant relief as the court may deem proper. They are represented by Laurence D. King and Matthew B. George of Kaplan Fox & Kilsheimer LLP in San Francisco and by other law firms.

U.S. District Court for the Southern District of New York case number 1:18-cv-05639-JGK

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Kaplan Fox & Kilsheimer LLP U.S. District Court for the Southern District of New York

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