Cover Girl Waterproof Mascara PFAS Content Class Action

This class action concerns waterproof mascaras from Cover Girl Cosmetics, a subsidiary of Coty, Inc., one of the largest cosmetics companies in the world. The complaint alleges that the waterproof mascara contained per- and polyfluoroalkyl substances (PFAS), which the complaint alleges “can have adverse effects on humans and can bioaccumulate” in human bodies. The complaint alleges that the companies should have warned consumers about this.

The Nationwide Class is all individuals in the US who bought the products at issue, between 2018 and the present. A New York Subclass has been defined for those in the above class for individuals in New York.

The products at issue include CoverGirl Lash Blast Volume Waterproof Mascara and CoverGirl Clump Crusher Waterproof Mascara.

The complaint quotes Coty as saying, among other things, that it wants to “minimize our environmental impacts and create more innovative, cleaner products.” It also claims that “CoverGirl also touts its sustainability efforts and the healthy aspects of its products, including its mascara products.”

But the complaint alleges that independent testing was done by the plaintiff in this case by a third-party lab and that that testing “determined that PFAS, including certain long-chain PFAS like PFOA, were present within several popular CoverGirl waterproof mascara products, including” the ones listed above.

However, the complaint alleges, the mascaras’ “packaging claims the Waterproof Mascara Products are safe for use on or near the eyes and do not contain harmful carcinogenic PFAS compounds.”

PFAS are synthetic chemicals that do not occur naturally. Their properties made them popular for making items that the complaint describes as “resistant to heat and stains, long-lasting, and capable of repelling water, oil, and grease.” However, these chemicals can accumulate in the environment and in human bodies, and may have harmful effects.

PFAS can come in both long-chain types, such as PFOA and PFOS, and short-chain types. The complaint alleges that both types are harmful to humans.

The complaint says, “In October 2021, the US government announced its ‘PFAS Strategic Roadmap,’ which is an interagency plan to combat the continued use and release of PFAS.” However, PFAS are still not regulated at the federal level, although some states have begun to make efforts to do this.

Among the harmful effects of PFAS in humans, the complaint alleges, are “impacts to learning and behavior of infants and older children,” interference with hormones, thyroid disease, and cancer.

PFAS can be absorbed by humans in a number of ways, including by being absorbed by the skin, the complaint alleges. Even so, it says that “PFAS are used in cosmetic products as emulsifiers, antistatics, stabilizers, surfactants, film formers, viscosity regulators, and solvents” and “to make them more water-resistant, durable, and spreadable.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contains Substance It Claims Not to Contain, Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals