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Sunday, May 19, 2024

Settlement over eyelash product promises more than $3 million for class members

Federal Court
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CAMDEN, N.J. (Legal Newsline) - Class action lawyers have scored a settlement said to be worth more than $6 million with Grande Cosmetics.

Their lawsuit, filed in November 2022 in New Jersey federal court, contained allegations Grande's eyelash-enhancing products were sold as cosmetics despite containing the same active ingredients as a prescription drug for eyelash growth.

Plaintiff Brenda Nixon said the GrandeLASH-MD caused a severe reaction that included swelling, pain, impaired eyelids and blurred vision. The product and others contain isopropyl cloprostenate, the suit alleges.

On Oct. 23, the sides presented their proposed settlement for preliminary approval. It has Grande paying $6.25 million to a fund to pay class members nationwide up to $150. The motion lauds the case's results while pointing out a rejected settlement over the same allegations in California.

This settlement, they say, is all-cash and no coupons and worth more than the other. After attorneys fees, court costs and notice costs, the fund for 800,000-1 million class members will be more than $3.5 million, the motion says.

Lawyers will be seeking up to one-third of the $6.25 million figure - $2,083,333.33.

The lawsuit claims Grande sells its enhancement serums without a prescription and with no warning of the serious side effects. Nixon alleges in her suit that she and other consumers purchase the products without knowing they were "new, unapproved drugs" that can have serious side effects. 

Nixon further alleges Grande negligently used misleading, deceptive and fraudulent actions to sell its product. She is represented by Ruben Honik and David Stanoch of Honik Law LLC in Philadelphia. 

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