LOS ANGELES (Legal Newsline)— A California woman has filed a class action lawsuit against L'Oreál USA, Inc., alleging its skin care cosmetic products are being marketed as "skin-altering drugs" without Food and Drug Administration approval.
According to the Feb. 26 court filing, the plaintiff alleges L'Oreál's packaging on its Garnier brand of creams and moisturizers, which state the products will "lift," "firm" or "tighten" the skin, misleads consumers to believe the products will "affect the structure and function of their skin."
The plaintiff argues that cosmetics cannot be "marketed as skin structure altering drugs without pre-approval from the FDA through the new drug application process unless they confirm 'monograph' for a particular drug category."
The lawsuit further alleges that the product's active ingredients "do not conform to monographs for wrinkle prevention, elimination and reduction, skin lifting, tightening and firming, or improving skin elasticity." The company's claims that the products provide "instant" and "overnight" results is also falsely stated in plain site on the packaging, according to the lawsuit.
The plaintiff seeks restitution for consumer's purchases of the products, declaratory relief and injunction to enjoin. She is represented by Bonnett, Fairbourn, Friedman & Balint, and the Law Offices of David N. Lake.