In July last year in Federal court in new York entered a class action lawsuit, which claimed that the French cosmetics giant intentionally packs liquid makeup in defective bottles, which typically do not release all of the contained product. Thus, L’oreal intentionally misleads their customers.
The complaint was filed by four consumers, claiming that the bottles for L’oréal, Maybelline Super Stay Better Skin Transformming Foundation and Age Perfect Eye Renewal Eye Cream release only from 43% to 81% of the advertised content cosmetics. Therefore, the plaintiffs argue that L’oréal deliberately distorts the quantity available of product in the bottle.
Thus, according to plaintiffs, the problem lies not only in the pumping mechanism, which, in their opinion, not suitable for viscous liquids, but in small glass bottles, “sealed and not designed to ensure that consumers opened them.” In fact, even if you like to open the bottle and clean out the remaining contents, you can’t do it with liquid makeup L’oreal, said in a class action.
“The low level of dispensation (release) is deceiving and detrimental to plaintiffs and other consumers, who typically spend about $ 15 on beauty products, and this means that consumers may lose on average around 7 dollars for every purchase because of alleged defective packaging of the defendant,” reads the lawsuit.
After a year of consideration of the case was that L’oréal will have to defend against the class action and to compensate the damage allegedly caused to consumers. The Federal court in new York dismissed the claim on the ground that reasonable consumers do not expect that the pump will give the entire viscous liquid in the bottle, according to the Internet publication Law360. “Consumers usually know that they will not be able to extract every piece of product from such containers,” said judge John G. Cetl, adding that just because the consumer was “disappointed” in the package, this does not mean that L’oréal guilty of fraud or deceit.