A putative class action complaint was filed on Monday in the Northern District of California by Kacey Wilson against ColourPop Cosmetics, LLC. The complaint alleges that some of the defendant’s products contain color additives and ingredients that are dangerous to customers.
The defendant’s actions, per the complaint, are in violation of the Song-Beverly Consumer Warranty Act, the California False Advertising Law, the California Consumer Legal Remedies Act, and the California Unfair Competition Law.
ColourPop, according to the plaintiffs, manufactures and markets eyeshadow palettes and eyeliner products (collectively, the products), which are at the center of Wilson’s complaint. Wilson asserts that the products are “inherently dangerous” since they are made using harmful ingredients.
The Food and Drug Administration, or FDA, has designated the harmful ingredients specified in the lawsuit as “unsuitable and unapproved for cosmetic use in the eye area.” Since these products lack FDA approval, Wilson contends that they are both adulterated and misbranded under the federal Food, Drug, and Cosmetics Act and are unlawful to sell.
Despite Wilson’s claim that the products are unlawful to sell, they explain that ColourPop’s “marketing, advertising, public statements, and social media posts and videos encourage and instruct consumers to use the Products in the eye area.” The defendant’s advertising is described in the complaint as a deliberate and willful strategy designed to mislead consumers into using the products.
Wilson concludes the complaint by noting that defendant ColourPop was aware of the defects of its products, “but nevertheless marketed, advertised, and sold ColourPop eye makeup for use around the eyes without warning consumers of the known dangers.” The plaintiff claims that this deceiving conduct led many consumers to use the products to their detriment.
The complaint cites counts of breach of implied warranty, breach of implied warranty under the Song-Beverly Consumer Warranty Act, unjust enrichment, restitution, violations of the California False Advertising Law, the California Consumer Legal Remedies Act, and the California Unfair Competition Law, and fraud. The plaintiff is seeking class certification, favorable judgment on each count, compensatory, statutory, and punitive damages, prejudgment interest, restitution, monetary relief, injunctive relief, litigation fees, and a trial by jury.
Wilson is represented in the litigation by Bursor & Fisher, P.A.
