A multidistrict litigation (MDL) court in New Jersey has dismissed with prejudice consumer fraud claims filed against L’Oréal to the extent that a “host of putative class” plaintiffs seek to assert unjust enrichment under New Jersey law which does not allow the cause of action where the plaintiffs purchase their products from third parties. In re L’Oréal Mktg. & Sales Practices Litig., MDL No. 2415 (U.S. Dist. Ct., D.N.J., order entered December 9, 2013). In all other respects, the court will allow claims that the company misled consumers about the results provided by its wrinkle-cream products to proceed. 

Among other matters, the court rejected the company’s argument that the plaintiffs lacked standing as to 14 products that the named plaintiffs did not purchase, noting that it would address the inquiry at the class certification stage because (i) the basis for each claim is the same for the products purchased and those not purchased, (ii) the products are closely related, and (iii) the defendant is the same. The court also found that the plaintiffs had pleaded their fraud claims with the requisite particularity.