A woman who purchased a L’Oréal foundation product advertised to last for 24 hours has sued the company and its parent on behalf of a class of purchasers, alleging that it did not perform as promised, that is, “retouch free,” “perfectly flawless” and providing “24 hour lasting perfection and comfort.” Weisberg v. L’Oréal USA, Inc., No. 13-2851 (U.S. Dist. Ct., S.D.N.Y., filed April 30, 2013).
Orthodox Jewish plaintiff Rorie Weisberg, who cannot apply makeup during the Sabbath, a 24-hour period from sundown Friday to sundown Saturday, reportedly hoped to be able to use the product for her son’s Bar Mitzvah. She tested it from sundown Thursday to sundown Friday and “felt that the product made her skin look very cakey” when applied. She alleges, “[b]y Friday morning, plaintiff’s skin was shiny, particularly around her nose. Moreover, the product that had been applied had faded significantly, making plaintiff’s face look uneven. It looked like very little of the product was remaining on plaintiff’s face, which was confirmed when she removed the remainder of the product at 3 p.m. with a white cotton ball, where very little of the product was found on the pad.”
Claiming that she “did not receive the benefit of longwearing efficacy as claimed by Lancôme in its advertising and on the product packaging,” Weisberg alleges breach of express warranty, unjust enrichment and business law violations. Meanwhile, a biochemist with a cosmetics company for customers who cannot apply makeup during the Sabbath reportedly said of the suit, “I hope a judge will look at it and throw it in the garbage. There’s no way you can guarantee things on everyone’s skin. All we can do is let you try the product. Everybody’s skin is different, and who knows if she put it on right?” A Lancôme spokesperson reportedly indicated that the company “strongly believes that this lawsuit has no merit and stands proudly behind our products.” The company plans to “strenuously contest these allegations in court.” See abcnews.go.com, May 2, 2013; Courthouse News Service, May 3, 2013.