Two women have filed a putative class action against Revlon Consumer Products Corp. alleging that the cosmetic company’s use of the term “DNA Advantage” on three of its products constitutes deceptive business practices, false advertising, misrepresentation, and breach of warranties. Elkind v. Revlon Consumer Prods. Corp., No. 14-02484 (U.S. Dist. Ct., E.D.N.Y., filed April 17, 2014).
The complaint alleges that Revlon’s federal trademark application for “DNA Advantage” explains that the term merely refers to sunscreen rather than ingredients that “interact with the skin’s DNA , perhaps on a cellular or molecular level, to provide scientifically-enhanced therapeutic benefits that reverse, minimize, slow, or otherwise ‘defy’ the process of aging,” as the term implies to plaintiffs. Citing the definitions in the Federal Food, Drug, and Cosmetic Act, the plaintiffs argue that the DNA Advantage products are both drugs and cosmetics and allege that Revlon has failed to abide by regulations for either. The plaintiffs seek class certification, an injunction on further sales or misleading advertisement of the products, a corrective advertising campaign, actual and punitive damages, and attorney’s fees.