ColourPop Cosmetics, LLC makes eyeshadows and eyeliners that the complaint for this class action alleges sometimes contain harmful color ingredients. These ingredients, the complaint alleges, are not permitted for use around the eye by the Food and Drug Administration (FDA).
The class for this action is all persons living in the US who bought ColourPop eye makeup containing the harmful ingredients at issue, during the maximum period permitted by law. A California Subclass has also been defined for those in the above class who bought the eye makeup products in California.
The products at issue include eyeshadow palettes, which ColourPop also calls shadow palettes, pigment palettes, or pressed powder palettes, and eyeliners.
The FDA and the California Health & Safety Code regulate the color additives that can be used in cosmetics. The complaint quotes the FDA as saying, “All color additives used in cosmetics … must be approved by the FDA. There must be a regulation specifically addressing a substance’s use as a color additive, specifications, and restrictions” and also, “Color additives may be used only for the intended uses stated in the regulations that pertain to them.” The complaint points out that additives may be safe for one purpose but not for another.
The FDA also has a specific definition of the “area of the eye,” which includes, for example, the eyebrow and skin below it and the “conjunctival sac of the eye” as well as the eyelid.
Not permitted for use around the eye, the complaint alleges, are certain ingredients found within the products at issue:
- FD&C Red No. 4; D&C Red No. 6, 7, 17, 21, 22, 27, 28, 30, 31, 33, 34, 36
- D&C Violet No. 2; Ext. D&C Violet No. 2
- FD&C Yellow No. 6; D&C Yellow No. 7, 8, 10, 11; Ext. D&C Yellow No. 7
- D&C Orange No. 4, 5, 10, 11
- D&C Green No. 6, 8; FD&C Green No. 3
- D&C Brown No. 1
- D&C Blue No. 4
The complaint quotes ColourPop’s website as saying, “[W]hile not intended for use in the immediate eye area, these shades can be used anywhere else on your face or body! [W]e recommend using these shades to enhance your overall look—for example, using the pigments on your temples or underneath your brow.”
The complaint contends that this is not an adequate warning against using the products around the eyes for several reasons: “(1) it does not assist the consumer in understanding the danger; (2) it is designed and displayed in such a manner that a reasonable consumer would not see, receive, or understand it; (3) it does not actually instruct consumers to not use the product in the eye area, and (4) it specifically instructs consumers to use the Products in the immediate eye area, which includes ‘underneath your brow.’”
In fact, the complaint alleges, the products are marketed specifically for use in the eye area.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
ColourPop Eyeshadows and Eyeliners Prohibited Ingredients Complaint
September 12, 2022
ColourPop Cosmetics, LLC makes eyeshadows and eyeliners that the complaint for this class action alleges contain harmful color ingredients. These ingredients, the complaint alleges, are not permitted for use around the eye by the Food and Drug Administration (FDA).
ColourPop Eyeshadows and Eyeliners Prohibited Ingredients ComplaintCase Event History
ColourPop Eyeshadows and Eyeliners Prohibited Ingredients Complaint
September 12, 2022
ColourPop Cosmetics, LLC makes eyeshadows and eyeliners that the complaint for this class action alleges contain harmful color ingredients. These ingredients, the complaint alleges, are not permitted for use around the eye by the Food and Drug Administration (FDA).
ColourPop Eyeshadows and Eyeliners Prohibited Ingredients Complaint