Woman With Chutzpah Sues L’Oreal

MANHATTAN (CN) - In a federal class action, an Orthodox Jew accuses L'Oreal and Lancome of falsely advertising their "24-hour makeup;" she can't apply makeup on the Sabbath and it would look lousy for her son's Bar Mitzvah, she says in the complaint.

Lead plaintiff Rorie Weisberg sued the two companies, saying their "precise corporate structure ... is unclear."

They claim that their Teint Idole Ultra 24H foundation makeup lasts for 24 hours, Weisberg says, but it ain't so.

Because she cannot apply makeup from sundown Friday until sundown Saturday, Weisberg says, she spent $45 for a 1-oz. bottle of the makeup.

"Specifically, plaintiff's eldest son is having his Bar Mitzva celebration in June and plaintiff was looking for a long-lasting foundation that would achieve the foregoing dual objectives over the Bar Mitzva Sabbath."

The dual objectives refer to defendants' claims - actually, three of them - that the stuff would be "retouch free," "perfectly flawless," and provide "24 hour lasting perfection and comfort."

Not willing to leave it to chance, Weisberg says, she "decided to test it from sundown Thursday to sundown Friday to see if she liked it and if the product worked. Plaintiff did so because she did not want to be stuck wearing the product over the weekend if it did not work."

Alas! From the moment it went on at 5 p.m. Thursday, "Plaintiff felt that the product made her skin look very cakey. By Friday morning, plaintiff's skin was shiny, particularly around her nose. Moreover, the product that had been applied had faded significantly, making plaintiff's face look uneven. It looked like very little of the product was remaining on plaintiff's face, which was confirmed when she removed the remainder of the product at 3 p.m. with a white cotton ball, where very little of the product was found on the pad. Based on her experience, plaintiff did not receive the benefit of longwearing efficacy as claimed by Lancome in its advertising and on the product packaging."

Weisberg seeks class damages for breach of express warranty, unjust enrichment, and business law violations. She is represented by Jeffrey Feinberg.

The Jewish Daily Forward, which broke the story in a feature article this week, interviewed a biochemist who started her own cosmetics company for people who can't apply makeup on the Sabbath.

Shaindy Kelman "scoffed at Weisberg's lawsuit," the Daily Forward reported.

"'I hope a judge will look at it and throw it in the garbage,'" she told the Forward. "'I can't believe she even has the chutzpah' to file it. 'There's no way you can guarantee things on everyone's skin. All we can do is let you try the product. Everybody's skin is different, and who knows if she put it on right?'"

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