Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Tuesday, April 16, 2024 | Back issues
Courthouse News Service Courthouse News Service

Judge Tosses Class Action over Lead in L’Oreal Lipstick

CHICAGO (CN) - A federal judge dismissed a woman's seven-count class action over L'Oreal's lead-laden lipstick, because the plaintiff failed to show actual injury and damages.

In October 2007, the Campaign for Safe Cosmetics issued a warning that some of L'Oreal's lipsticks contained "dangerous levels of lead," including two lipsticks that plaintiff Don's Frye preferred: Colour Riche True Red and Colour Riche Classic Wine.

Frye said she would not have bought the lipstick had she known about the lead. She demanded damages to cover the cost of the lipstick and the doctor's examination she sought to qualm her alleged anxiety.

U.S. District Judge Robert Gettleman said he thought Frye's allegations were well-pled, but ruled that each count in her complaint - which included fraud, breach of implied warranty and liability - failed to show how Frye was tangibly worse-off for wearing the lipstick.

Gettleman granted L'Oreal's motion to dismiss.

Follow @@MatthewCRenda
Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...