L'Oréal fails to dismiss lawsuit over 'misleading' collagen claims

L'Oréal has failed to dismiss a proposed class action lawsuit accusing the company of deceiving shoppers by suggesting that two of its topical collagen products help smooth wrinkles.

Rocio Lopez and Rachel Lumbra sued the company in August 2021, claiming that L'Oréal violated New York and California’s consumer protection laws by misleading them into overpaying for its Fragrance-Free Collagen Moisture Filler Daily Moisturiser and Collagen Moisture Filler Day/Night Cream.

L'Oréal markets and sells the products as “collagen” skincare that "restore skin’s cushion and smooth wrinkles". However, the US court found that collagen as a topical product cannot penetrate the top layer of skin to provide these benefits and therefore, the company's representations regarding the skin-firming and anti-aging benefits are false and misleading.

Whilst denying L'Oréal's motion to dismiss a proposed class action lawsuit, the court emphasised that Lopez and Lumbra relied on the representations that the two products would have an anti-aging effect on their skin.

"On information and belief, L'Oréal did know that the products were ineffective and unable to live up to their labelling claims, but chose to include the representations anyway because those labelling claims allow them to sell the products at a price premium compared to products that do not contain such claims", the court found.

"Had L'Oréal not made these false, misleading and deceptive representations, the plaintiffs would not have purchased the products or, at minimum, would not have paid as much as they did for such products. Thus, the plaintiffs suffered an injury in fact and lost money or property as result of L'Oréal's wrongful conduct."

The lawsuit continues, seeking unspecified damages for purchasers of the L'Oreal products nationwide.