A putative class action complaint attacks Lush Cosmetics’ website, alleging it “contains a consumer contract that purports to impose illegal, exculpatory and other such provisions upon all users of that website and purports to nullify certain legal duties and responsibilities Defendant owes its customers.” Hite v. Lush Cosmetics, LLC, No. 16-1533 (D.N.J., filed March 18, 2016). Specifically, it asserts that the website’s “Terms & Conditions” violate New Jersey’s Truth-in-Consumer Contract, Warrant, and Notice Act.

The complaint highlights the website’s limitation of liability and indemnification provisions of the terms and conditions as problematic, claiming that these provisions would “absolve [Lush] of its legal responsibility to exercise reasonable care and avoid creating an unreasonable risk of harm to consumers” by “bar[ring] Plaintiffs from redress for a breach of Defendant’s standard of care.” It further claims that these provisions will allow the company to disregard its “responsibility to manufacture and sell safe products” and to protect its users from injuries arising directly from use of the website—for example, illegal actions by hackers or other third parties.