In a new suit filed in New York federal court, three plaintiffs allege that Maybelline is falsely advertising its “Super Stay” lipstick products.
Television ads and claims on the company’s Web site and product packaging tout that the “Super Stay 10HR Stain Gloss” “stays vibrant and shiny, yet transparent, and won’t fade” for a 10-hour period, while the “Super Stay 14HR Lipstick” “won’t weight you down” and has “Super rich color with super staying power” for 14 hours.
But the lip gloss dries up and fades away in less than one hour after application and the lipstick lasts only a few hours before fading, the plaintiffs argue.
According to the complaint, “The misrepresentation as to the duration of the product’s staying power is inherent in the very name of the product.”
The plaintiffs claim they purchased the lipstick and lip gloss for their purported long-lasting attributes after having used other Maybelline products that lived up to their names. The suit seeks to certify a nationwide class with individual state subclasses, requests injunctive relief, and asks for monetary compensation.
To read the complaint in Leebove v. Maybelline, click here.
Why it matters: The suit alleges violations of state business and/or consumer protection in Michigan, New Jersey, and New York, where each of the named plaintiffs reside. The proposed subclasses of New Jersey and New York class members also seek punitive or trebled damages. A spokesperson for the company told The Wall Street Journal Law Blog that the suit “has no merit” and that Maybelline “stands proudly behind our products.” “We will strenuously contest these allegations in court,” Rebecca Caruso, a spokesperson for L’Oreal USA, which owns Maybelline, told the blog.