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EOS Lip Balm Class Action Resolved

LOS ANGELES (CN) - Celebrity-endorsed lip balm maker EOS Products settled a federal class action accusing it of selling unsafe products by agreeing to print more information on its labels and address individual claims, EOS said.

Lead plaintiff Rachael Cronin sued New York-based EOS on Jan. 12, claiming its lip balms cause blistering, bleeding, skin-cracking and rashes, and that EOS concealed the side effects.

"Our products are safe - and this settlement confirms that," EOS' corporate adviser Teneo Strategy said in a Jan. 28 email.

"Our lip balms are hypoallergenic, dermatologist-tested, made with the highest quality ingredients, meet or exceed all safety and quality standards set by our industry, and are validated by rigorous safety testing conducted by independent labs," EOS said

Attorney Mark Geragos, who filed the class action, said EOS agreed to provide additional product information on its labels, and he will file a motion to dismiss the complaint.

The email from Teneo Strategy included a statement from Mark Geragos, who filed the class action lawsuit.

"This is a testament to EOS being responsive to the concerns of their consumers," Geragos said in the email. "EOS has demonstrated through data that their lip balms are hypoallergenic, and has provided a mechanism for individual instances to be resolved.

"EOS makes great products and the company is doing the right thing by adding more information about their lip balm products on packaging so that buyers can make informed choices," Geragos said. "I am very pleased that we have been able to so quickly and amicably resolve the matter with EOS lip balm products."

EOS, an acronym for "evolution of smooth," uses "celebrity brand endorsers," including Kim Kardashian, Britney Spears, Miley Cyrus, Hillary Duff, and others, to market its products. None of the celebrities were parties to the complaint.

Cronin accused EOS of falsely claiming its lip balm is organic, though it contains several ingredients the FDA considers to be "major allergens," such as sodium hyaluronate, ascorbyl palmitate, tocopherols, and butyrospermum parkii.

Because those ingredients were not listed, she said she and others suffered temporary injuries, and sought class certification, restitution, disgorgement, injunctive relief and compensatory and punitive damages for fraud, concealment, breach of warranty, unjust enrichment, consumer law violations and unfair business practices.

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