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.