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Tuesday, August 20, 2019

CeraVe products ineffective for eczema treatment, California consumer alleges


By Bree Gonzales | Feb 8, 2019

SAN FRANCISCO (Legal Newsline) – A Burlingame, California resident alleges a body wash advertised as "eczema soothing" was "completely ineffective" at treating his condition.

Dustin Magill filed a complaint on behalf of himself and those similarly situated on Jan. 25 in the U.S. District Court for the Northern District of California against L’Oreal USA Inc., Bausch Health Cos. Inc. and Does 1-20 alleging violation of the California Consumer Legal Remedies Act and other counts.

According to the complaint, the defendants sell products under the brand name CeraVe and offer a line for those with eczema.

"These products all prominently feature on the front label the word 'eczema' and other representations that indicate that the products are drugs that will treat or mitigate eczema and its symptoms. Unfortunately for consumers, the products do not meet any of the requirements for being sold as eczema drugs under California law," the suit states. "...Thus, the products are unlawfully sold as drugs in California, and are misbranded and falsely advertised in violation of the Sherman Law."  

The plaintiff alleges the defendants' drug claims are likely to and did deceive him that the CereVa products are effective for eczema treatment when they allegedly are no more effective than other less expensive products.

The plaintiff holds L’Oreal USA Inc., Bausch Health Co. Inc. and Does 1-20 responsible because they allegedly represented that their products have characteristics, uses, or benefits that they do not have.

The plaintiff requests a trial by jury and seeks an order for the defendants to conduct a corrective advertising and information campaign, restitution, pre- and post-judgment interest, order defendants to disgorge all money wrongfully obtained, award damages including punitive damages, attorneys’ fees and costs of suit. He is represented by Mark N. Todzo and Lucas Williams of Lexington Law Group in San Francisco, California.

U.S. District Court for the Northern District of California case number 3:19-cv-00450-JCS 

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Lexington Law Group U.S. District Court for the Northern District of California San Francisco Division

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