Beauty Class Action Suits to Keep on your Radar!
Do you use products from popular brands like Clinique, Proactiv, Supergoop, CeraVe, or LaRoche-Posay products? Do you shop from brands like Paula’s Choice because they are “cruelty-free”? Do you use shampoos and dry shampoos from popular brands like Olaplex, Herbel Essences, or Redken? Have you bought supplements from Kourtney Kardashian’s brand Lemme? Did you know that all of these brands are currently under fire for false claims and falsely advertising their products, or putting harmful preservatives in their products? In this article, I'll discuss what class action lawsuits are and talk about some current ones in the beauty industry involving popular brands and products.
In the ever changing and fast growing beauty industry, it is important to stay informed on the latest trends, products, and well...legal matters! Among these legal matters, class action lawsuits are crucial, as they impact both consumers and companies in substantial ways. This post will explore various current beauty class action law suits that you should be aware of, as understanding them empowers you to protect your rights as a consumer! If you are interested in becoming apart of these lawsuits, leave a comment below and I can send you any necessary links to get that settlement money!
What is a Class Action Lawsuit?
Class action lawsuits are legal actions filed by one or more plaintiffs on behalf of a larger class or group of people that have all been wronged in the same way. The group of people, known as the class, collectively brings a claim to court against one or more defendants. These lawsuits are common in situations where individual claims are too small to pursue independently, making it more impactful to address the issue collectively.
Class actions follow a very specific legal process. First the court certifies the lawsuit as a class action, which involves determining that the plaintiff's claims represent the entire class and that there are enough commonalities among the group's grievances. Once certified, the lawsuit proceeds through the legal system just like any other lawsuit, potentially leading to settlements or trial verdicts.
To become apart of a class, you either are automatically included because you meet the criteria of the class definition, and notifications about the lawsuit are sent to potential class members and they are informed of their inclusion and are given the option to opt-out if they wish not to participate. Individuals also may have to actively opt into the class action by filling out a form (like you would do for all these cases, typically on a law firm's website) and register their information, ensuring they are included in any settlements or judgements.
If you find that you are a potential member of the class for any of these lawsuits, please leave a comment stating which one and I will send you the links or any information to get started!
- Clinique, Proactiv, CeraVe,LaRoche-Posay, Neutrogena, L'Oreal, to name a few, are all brands involved in huge class action suits right now for allegedly having benzene, a harmful chemical, in their products. Benzene, a carcinogen, has been used for a long time in various personal care products and cosmetics as a preservative. Studies have linked benzene exposure to health risks such as cancer. Benzene is found in many sunscreens, dry shampoos, facial cleansers, skin care products, used to produce thickeners called carbomers which are used to create gel-like formulations. They also act as emulsifiers to make a product thicker and prevent separation. Carbomers are safe when used in recommended concentrations, but many people experience skin irritation, allergic reactions, eye irritation, and more unwanted side effects. All of these brands are under fire currently for having dangerous levels of the carcinogenic chemical benzene, and benzene in high amounts can impact the central nervous system and reproductive organs, as well as being linked to leukemia and other blood disorders. The Clinique benzoyl peroxide acne treatment, Proactiv benzoyl peroxide products, LaRoche-Posay Effaclar Duo Acne Spot Treatment, different benzoyl peroxide treatment products from Neutrogena and even sunscreens, as well as the L’Oreal benzoyl acne peroxide acne treatment are some of the products that contain high levels of benzene, a known human carcinogen with harmful side effects. Benzene is found in many benzoyl peroxide acne treatments, and all of these products are under fire for having too much.
- Supergoop, a viral sunscreen brand is currently involved in a lawsuit, for false advertising claims, as they do not actually contain SPF 40, as advertised. Through independent testing, it was revealed that the actual SPF in the sunscreen is lower, with the Unseen Face Sunscreen having an SPF of 23 and the Unseen Body Sunscreen having an SPF of 20! Consumers buy sunscreen to protect themselves from the effects of the sun, such as cancer and aging. With how much money they are spending on the products, ($38 for the face sunscreen and $42 for the body sunscreen!) they deserve to use products that are as advertised, especially for sunscreen products, which consumers rely on to protect them from harmful UV rays. Sunscreen with SPF 30 for adequate protection, and the lawsuit alleges that Supergoop's misrepresentation of the SPF in the unseen Sunscreens is a violation of state consumer protection and express warranty laws. Individuals in the United States who purchased the Unseen sunscreen products between 2018 and the present, and all persons in New York who purchased the products during the class period, are eligible to be part of the class.
- Paula’s Choice, popular skin care brand that sells research-based slin care products, is facing claims for falsely advertising their brand as cruelty-free. Whether or not brands are cruelty-free, meaning that brands do not harm or kill animals to test their products, is a huge deciding factor for consumers when deciding to buy products or support companies. When a brand is cruelty free, their products will contain a small bunny icon, signifying that the company does not test their products on helpless animals in a lab. Paula’s Choice, according to the lawsuit, falsely advertises their products as cruelty-free. Paula’s Choice imported and sold its products in China where testing on animals is mandatory, therefor invalidating their status as a cruelty-free brand!
- Popular shampoos and dry shampoos from brands like Olaxplex, Herbel Essences, and Redken, are also facing lawsuits for hair damage, false advertising, hair loss, and cancer risks. Olaplex shampoo and conditioner are being sued for falsely representing their products as safe and free of harmful chemicals, but multiple of their products contain lilial, a chemical compound, as well as other irritant ingredients. These harmful ingredients lead to allergic contract dermatitis, resulting in hair loss and other scalp injuries, as well as infertility. Olaplex products also contain sodium benzoate and citric acid, which combine to make benzene, the cancer causing chemical you read about above.
- This one hurts - I remember using this shampoo as a kid and struggling to pick out the perfect scent because there were so many delectable ones! Herbal Essences is in hot water right now for falsely advertising their shampoos to contain naturally derived ingredients. The company claims that their products are contain either 90% natural-origin ingredients or 97% naturally derived ingredients, when in reality the ingredients are derived industrially. These claims are deceptive and misleading for customers, as they think they are using a shampoo that is natural and safe, when in reality the only natural parts of their shampoos and conditioners are water!
- Redken, another respected salon grade shampoo and conditioner brand (I actually just bought their All Soft shampoo and conditioner from Ulta last week!) are in trouble along with their parent company, L’Oreal for their dry shampoo products, which contain a high level of benzene, therefore making them adulterated and misbranded, and illegal to sell. Benzene isn’t even on the products active and inactive ingredients list, completely misleading consumers into thinking they are buying a benzene-free product. Testing revealed that there are high levels of benzene in Redken dry shampoo products, making them harmful for consumers.
- Lemme, popular supplement and wellness brand by Kourtney Kardashian, is facing a lawsuit for deceptive advertising claims. Many supplements are proprietary blends, meaning their supplements are a mix of different ingredients that are formulated for different purposes. Unfortunately, proprietary blends are tricky because you do not know how much of what you are consuming, as you might not know how much of each specific ingredient you are getting per serving and if it is even effective. Proprietary blends are very deceptive and in most cases, companies use less of the expensive and effective ingredients, and use more of the cheap useless ones, which increases the companies profits but does absolutley nothing for you. All of Lemme’s supplements and gummies are proprietary blends, which will have no effect on you whatsoever. For example, their Lemme Chill gummy claims to have ashwanganda in it, but the ingredient list doesn't have a specific dosage, as it is blend of asawaganda and other ingredients. The Lemme lawsuit alleges just this, as they misleadingly and deceptively market their products. They make claims that their products support different things, but there is absolutely no scientific literature or claims to back them up.
If you take anything away from this blog post, be careful when buying beauty products and do your due diligence before buying any products. Companies will often falsely advertise and misrepresent their products, so its up to consumers to use their best judgement and thoroughly read all ingredient lists and labels. We put so much trust into massive beauty corporations and assume that their products are safe and meet all standards, but more often then not these companies have the recourses to cut corners and falsely represent their products just to get them on shelves quicker.
Don’t fret however, not all hope isn’t lost! There are many solutions to make sure you are using safe products for your skin and hair. The Yuka app is really helpful, and all you have to do is scan the barcode of a product and Yuka will give you a rating for that product and will list all the ingredients and any potential side effects from them, as well as a score out of 100 for the product. You can also buy your products from small businesses and stores that use all natural products to hand make their products, which is a more natural and cruelty-free option.