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Grande Cosmetics Enhancement Serums Are Drugs, Says California Class Action

Alexandra Mandel, the plaintiff in this case, developed a growth in her eye that had to be removed via surgery. The complaint says she believes the growth was caused by an ingredient in the GrandeLASH-MD Lash Enhancing Serum she was using. The complaint alleges that Grande Cosmetics, LLC makes three “Enhancing Serums” that are in reality drugs which should not be sold over-the-counter and should only be used under the supervision of a doctor.

The class for this action is all California consumers who bought an Enhancement Serum for personal, family, or household purposes, from the beginning of the applicable statutory period through the present.

In addition to the Lash Enhancing Serum, Grande Cosmetics makes GrandeBROW Brow Enhancing Serum and GrandeHAIR Enhancement Serum. These products are sold as cosmetics and are not labeled with their active ingredient(s) or any warnings of possible side effects.

However, the complaint claims that the three serums contain isopropyl cloprostenate (ICP). This ingredient, the complaint alleges, “which is in the same class of compounds as the active ingredient found in prescription drugs that grow[] eyelashes, like Latisse—which the [Food and Drug Administration (FDA)] has approved for use only under the supervision of a physician due to the possible adverse effects associated with its active ingredient.”

The complaint refers to an April 2011 letter from the FDA, warning “manufacturers that ICP is associated with potential serious side effects like iris discoloration, and has further warned that ICP lash and brow products are not safe for use except under supervision of a licensed physician.” (A copy of the FDA letter was attached to the complaint at filing as Exhibit 1.)

The complaint alleges, “Isopropyl cloprostenate (‘ICP’) is a prostaglandin analog that grows hair by extending the length of the hair cycle.” The company makes appearance claims for the products:

  • For GrandeLASH-MD: “promote[s] the appearance of naturally longer, thicker looking lashes”
  • For GrandeBROW: “promote[s] the appearance of fuller, bolder looking brows in just 6-8 weeks”
  • For GrandeHAIR: “for fuller and healthier looking hair”

Because the marketing of the in the Enhancement Serums includes “appearance claims” and because ICP is an ingredient in each, the complaint asserts, that they are drugs under the Sherman Law.

This means, the complaint alleges, that Grande should have sought regulatory approval for the products. Instead of applying for approval of the products as prescription drugs, the complaint alleges, Grande marketed them as cosmetics and sold them to consumers at prices between $65 and $125.

According to the complaint, “Ms. Mandel purchased the Enhancement Serums without knowing that they were new drugs with potentially serious side effects not reasonably expected from a cosmetic—including iris discoloration, the development of growths in the eye, and the complete loss of eyelashes.”

The counts include violation of California’s Unfair Competition Law and its False Advertising Law (both in its Business and Professions Code), the state’s Consumer Legal Remedies Act.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Grande Cosmetics Enhancement Serums Are Drugs, Says California Complaint

January 6, 2022

Alexandra Mandel, the plaintiff in this case, developed a growth in her eye that had to be removed via surgery. The complaint says she believes the growth was caused by an ingredient in the GrandeLASH-MD Lash Enhancing Serum she was using. The complaint alleges that Grande Cosmetics, LLC makes three “Enhancing Serums” that are in reality drugs which should not be sold over-the-counter and should only be used under the supervision of a doctor.

Grande Cosmetics Enhancement Serums Are Drugs, Says California Complaint

Case Event History

Grande Cosmetics Enhancement Serums Are Drugs, Says California Complaint

January 6, 2022

Alexandra Mandel, the plaintiff in this case, developed a growth in her eye that had to be removed via surgery. The complaint says she believes the growth was caused by an ingredient in the GrandeLASH-MD Lash Enhancing Serum she was using. The complaint alleges that Grande Cosmetics, LLC makes three “Enhancing Serums” that are in reality drugs which should not be sold over-the-counter and should only be used under the supervision of a doctor.

Grande Cosmetics Enhancement Serums Are Drugs, Says California Complaint
Tags: Deceptive Advertising, Druglike Claims, Side Effects