$2.3 Million Settlement Awaiting Approval in Shampoo Class Action
By: Elizabeth DiNardo, Esq. | Associate Counsel
On October 19, 2018, a proposed class of consumers who purchased Sexy Hair Concepts shampoos from Ulta Beauty stores asked Massachusetts Judge F. Dennis Saylor to grant approval for a $2.3 million settlement.
Named plaintiff, Molly Crane, originally filed the suit in Massachusetts federal court on February 23, 2017. In the complaint, Plaintiff alleged that defendants Ulta Beauty and Sexy Hair Concepts LLC intentionally mislead consumers by promoting the product to be sulfate- and salt-free, when in reality the shampoos contain both ingredients. Plaintiff refers to the fact that the front of the bottle states in large lettering that the product is sulfate-free. However, the ingredients listed in a much smaller font on the reverse of the bottle reveal that it contained sulfates. Plaintiffs claims that had they been aware of the true nature of the product, they wouldn’t have paid a premium price of $15 for a one-liter bottle.
Per the terms of the settlement agreement, the $2.3 million settlement will go into a common fund that will be used to pay claims submitted by class members. Class members are eligible to receive $6 per bottle of the shampoo with acceptable proof-of-purchase. Without proof-of-purchase, class members are limited to collecting damages for a maximum of two bottles of shampoo.
The case is: Molly Crane v. Sexy Hair Concepts LLC et al., Case No.: 1:17-cv-10300, in the U.S. District Court for the District of Massachusetts.
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