On May 14, 2019, cosmetics giant L’Oreal USA Inc. (“L’Oreal”) was served with class claims in federal court in the Southern District of New York by consumers who allege that the company intentionally mislead consumers as to the true ingredients in L’Oreal Ever Sleek Keratin Caring products.Named plaintiff, Tammy DeVane, alleges in the complaint that L’Oreal markets and labels its Ever Sleek Sulfate-Free Keratin Caring shampoo and conditioner as containing keratin and specially designed to repair chemically-treated hair. Extensive nationwide advertisements make representations about the products using allegedly misleading phrases like: “Keratin Caring,” “Reparative Smoothing,” “Cares for the Essentials Protein and Keratin that is found in hair,” and “Smooth Care System, repairs, smooths and improves hair’s texture and gentle on processed hair.”
Plaintiff argues that it is not unreasonable, based on the name of the product and L’Oreal’s corresponding marketing campaign, for consumers to assume that the products do actually contain keratin. Keratin is a protein naturally present in human hair, skin and nails and is produced by cells called keratinocytes. Keratin consists of amino acids and primarily serves to protect the cells in hair, skin and nails from damage. Contrary to the defendant’s representations, the Ever Sleek Keratin Caring products do not actually contain keratin and are therefore incapable of providing the claimed benefits of keratin. Plaintiff alleges that had she been aware that the products do not contain any keratin, she would neither have purchased the products nor paid a premium for the products.
The suit is seeking to represent a class made up of all persons in the U.S. who purchased Ever Sleek Keratin Care shampoo or conditioner. Plaintiff brings causes of action for breach of express warranty, breach of contract/common law warranty, fraud/fraudulent concealment, unjust enrichment, violation of Florida Deceptive and Unfair Trade Practices Act, violation of New York General Business Law and violation of Florida False Advertising State Statute Section 817.41.
The case is: DeVane v. L'Oreal USA Inc., Case No.: 1:19-cv-04362, in the U.S. District Court for the Southern District of New York.
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