CHICAGO (Legal Newsline) – A class action lawsuit that alleges Maybelline makeup is too oily will move forward after a ruling from a Chicago federal judge.
Judge Steven Seeger made his ruling during a Jan. 26 hearing between the company and lawyer Todd Friedman and his client Norah Flaherty. The two have teamed for six lawsuits in Chicago federal court, and three remain pending.
They sued companies like Johnson & Johnson, Clinique and E.L.F. Cosmetics. They recently settled with Clinique after getting past the company’s motion to dismiss.
In the Maybelline case, Seeger granted the motion to dismiss a claim for injunctive relief but refused to dismiss all other claims.
The cases allege violations of the Illinois Consumer Fraud and Deceptive Businesses Practices Act against makeup companies that say their products are oil-free.
The case against Maybelline says three of its products contain oils. Those products are Maybelline Fit Me Matte, Maybelline Fit Me Concealer and L’Oreal Paris Infallible Pro-Matte.
“By making false and misleading claims about the qualities of the products, Defendants impaired Plaintiff’s ability to choose the type and quality of products she chose to buy,” the lawsuit says.
“Therefore, Plaintiff has been deprived of her legally protected interest to obtain true and accurate information about her consumer products as required by law.”