Clinique Laboratories, LLC makes skincare products under the Clinique brand, including a number of products which are advertised and labeled as being oil-free. The complaint for this class action alleges that this claim is “false and misleading” because the products contain various oils.
The class for this action is all persons in the US who bought the products between June 28, 2017 and the date of certification of the class in this case.
The products at issue are listed below with the names of oils they contain:
- Beyond perfecting foundation + concealer: dimethicone; isostearyl neopentanoate; tocopherol acetate
- Dramatically different moisturizing gel: dimethicone, isododecane, tocopherol acetate
- Stay-Matte Sheer Pressed Powder: dimethicone; octyldodecyl stearoyl stearate
- Stay-Matte Oil-Free make up: dimethicone; tocopherol acetate
- Super City Block: tocopherol acetate
- City Block oil-free daily face protector: dimethicone, tocopherol acetate
- Superdefense City Block: dimethicone, tocopherol, isononyl isononanoate, neopentyl glycol diheptanoate
Plaintiff Norah Flaherty bought several of these products on March 18, 2021 at Sephora Southport in Chicago, Illinois. Flaherty avoids cosmetic and skincare products with oil in them for a number of reasons:
- She does not like the way oils feel on her skin.
- She worries that oils will lead to blackheads and other acne.
- She does not like her face’s shiny appearance with oils.
- She does not like the residue left by oils.
- She does not like the slickness produced when the oil-based products interact with perspiration.
Flaherty looks for oil-free labels when she buys products and the complaint alleges she expects oil-free products not to contain ingredients that have all of the following characteristics: “[is] liquid at room temperature, [is] more viscous but less dense than water, do[es] not mix with water, and [is] slick or slippery to the touch.”
The complaint quotes several reviews from the Clinique website that complaint about skin breakouts and a sweaty or sticky feel.
The complaint alleges that oils include certain groups of chemicals, including hydrocarbons, triglycerides, esters, fatty acids, certain silicones, and fatty alcohols-sterols. The complaint contains chemical diagrams of various substances.
The complaint alleges that the purchasers of the products have lost money on them. “Worse than the lost money,” the complaint says, however, those who bought the products “were deprived of their protected interest to choose the type and quality of products they use on their bodies.”
The counts in this case include common law fraud, unjust enrichment, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Clinique “Oil-Free” Products Oil Content Complaint
June 28, 2021
Clinique Laboratories, LLC makes skincare products under the Clinique brand, including a number of products which are advertised and labeled as being oil-free. The complaint for this class action alleges that this claim is “false and misleading” because the products contain various oils.
Clinique “Oil-Free” Products Oil Content ComplaintCase Event History
Clinique “Oil-Free” Products Oil Content Complaint
June 28, 2021
Clinique Laboratories, LLC makes skincare products under the Clinique brand, including a number of products which are advertised and labeled as being oil-free. The complaint for this class action alleges that this claim is “false and misleading” because the products contain various oils.
Clinique “Oil-Free” Products Oil Content Complaint