This case was last updated from PACER on 09/03/2021 at 13:19:44 (UTC).

Lopez et al v. L'Oreal USA, Inc.

Case Summary

On August 31, 2021, Rocio Lopez and Rachel Lumbra (“Plaintiffs''), on behalf of themselves and all others similarly situated, represented by Alec Mitchell Leslie of Bursor & Fisher, P.A., filed a class action lawsuit against L’Oreal USA, Inc. (“Defendant” or “L’Oreal”), seeking injunctive relief and damages along with prejudgment interests, among other reliefs, for the alleged false and misleading representation of the Defendant’s product. This case was filed in U.S. District Court in the Southern District of New York with Judge Andrew L. Carter, Jr presiding

 

In the complaint, the Plaintiffs alleged that, “Defendant markets and sells the Products as “collagen” skincare that “restore [the] skin’s cushion” and “smooth wrinkles.” However, collagen as a topical product is worthless because it cannot penetrate the top layer of skin to provide such benefits. Accordingly, Defendant’s representations regarding the skin-firming and anti-aging benefits of the Products are false and misleading” and “Defendant has therefore engaged in widespread false and deceptive advertising of its Products by claiming the Products are “collagen” that “restore [the] skin’s cushion” and “smooth wrinkles.” Every package of the Products prominently claims that the Products have these anti-aging and skin restoring qualities.”

 

The Plaintiffs further alleged that, “On information and belief, Defendant did know that the Products were ineffective and unable to live up to their labeling claims, but chose to include the representations anyway because those labeling claims allow Defendant to sell the Products at a price premium compared to products that do not contain such claims.”

 

The Plaintiffs also alleged that, “Plaintiffs and Class Members relied to their detriment on Defendant’s representations that the Products would actually have an anti-aging effect on their skin” and “Plaintiff Lumbra purchased the Products for her own personal use. In doing so, Plaintiff Lumbra relied upon Defendant’s false, misleading, and deceptive representations that the Products would smooth her wrinkles and restore her skin’s cushion. Plaintiff Lumbra spent money in the transaction that she otherwise would not have spent had she known the truth about Defendant’s advertising claims.”

 

There are six claims of relief laid down by the Plaintiffs. The first claim is for the alleged violation of New York’s Gen. Bus. Law § 349 on behalf of the New York Subclass. The second claim is for the alleged violation of New York’s Gen. Bus. Law § 350 on behalf of New York Subclass. The third claim is for the alleged breach of express warranty on behalf of the Class. The fourth claim is for the alleged violation of California’s Consumers Legal Remedies Act California Civil Code § 1750, et seq. The fifth claim is for the alleged violation of California’s False Advertising Law (“FAL”), Business & Professions Code § 17500 et seq. The sixth claim is for the alleged Unlawful Business Practices in violation of California’s Unfair Competition Law (“UCL”), Business & Professions Code §§ 17200 et seq. (Unlawful Practices).

 

In their prayer for relief, the Plaintiffs requested the Court certify this action as a class action and name Plaintiffs as the representatives of the Class. Further, the Plaintiffs also requested the Court for declaratory relief and permanent injunctive relief along with disgorgement and restitution of all monies Defendants acquired by means of unlawful practices; costs and expenses along with reasonable attorneys’ fees; and any other relief the court deems just and proper. 

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-07300

  • Filing Date:

    08/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Andrew L. Carter, Jr

 

Party Details

Plaintiffs

Rocio Lopez

Rachel Lumbra

Defendant

L'Oreal USA, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Alec Mitchell Leslie

Attorney at Bursor & Fisher, P.A.

888 Seventh Avenue

New York, NY 10019

 

Court Documents

#4

(#4) ELECTRONIC SUMMONS ISSUED as to L'Oreal USA, Inc...(gp) (Entered: 09/01/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to L'Oreal USA, Inc., re: #1 Complaint. Document filed by Rocio Lopez, Rachel Lumbra..(Leslie, Alec) (Entered: 08/31/2021)

#2

(#2) CIVIL COVER SHEET filed..(Leslie, Alec) (Entered: 08/31/2021)

#1

(#1) COMPLAINT against L'Oreal USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25001220)Document filed by Rocio Lopez, Rachel Lumbra..(Leslie, Alec) (Entered: 08/31/2021)

 

Docket Entries

  • 09/01/2021
  • View Court Documents
  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to L'Oreal USA, Inc...(gp) (Entered: 09/01/2021)

    Read MoreRead Less
  • 09/01/2021
  • DocketCase Designated ECF. (gp) (Entered: 09/01/2021)

    Read MoreRead Less
  • 09/01/2021
  • DocketMagistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) (Entered: 09/01/2021)

    Read MoreRead Less
  • 09/01/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) (Entered: 09/01/2021)

    Read MoreRead Less
  • 08/31/2021
  • View Court Documents
  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to L'Oreal USA, Inc., re: #1 Complaint. Document filed by Rocio Lopez, Rachel Lumbra..(Leslie, Alec) (Entered: 08/31/2021)

    Read MoreRead Less
  • 08/31/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Leslie, Alec) (Entered: 08/31/2021)

    Read MoreRead Less
  • 08/31/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against L'Oreal USA, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25001220)Document filed by Rocio Lopez, Rachel Lumbra..(Leslie, Alec) (Entered: 08/31/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where L'Oreal USA S/D, Inc. is a litigant

Latest cases represented by Lawyer Alec M. Leslie