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Kirk’s Natural South of France Beauty Products New York Class Action

Kirk’s Natural, LLC makes personal products under the South of France brand, including bar soap, hand wash, foaming hand wash, sugar polish, and hand & body cream, all of them in a variety of fragrances. But the complaint alleges that the product packages all contain the misrepresentation that the products are from France.

The class for this action is all consumers who bought any of the products in New York at any time between September 3, 2018 and the date of class certification in this case.

How do the representations on the products mislead consumers? The complaint points out three things on the front of each package: (1) the name of the line of products, “South of France,” which is a region in France; (2) a French translation of all the text on the label; and (3) an image of the coastline of southern France, marking well-known cities such as Marseille, Cannes, and Nice. The complaint calls these points the French Representations.

To most consumers, these things indicate that the products are made in, and imported from, France. Unfortunately, the products are made in Kentucky.

The complaint asserts, “Since the time of Louis XV, the world has looked to France as a leader in beauty products.” It claims, “Today, France dominates the global beauty market with a 23% market share of the global cosmetic industry.” Quoting an article in Premium Beauty News, it says, “This supremacy is based on the quality of the products, constant innovation and a powerful [imagery] related to French culture and heritage.”

The complaint claims that Kirk’s Natural is “[s]eeking to cash in on the French reputation for beauty products” in its use of the South of France name and the other French Representations. It suggests that “perhaps ‘South of Kentucky’ does not have the same appeal for beauty products.”

The complaint alleges that Kirk’s Natural’s “false, misleading, and deceptive misrepresentations and omissions are likely to continue to deceive and mislead reasonable customers and the general public, as they have already deceived and misled Plaintiff and the Class members.” It contends, “As a result of these unfair and deceptive practices, [Kirk’s Natural] has likely collected millions of dollars from the sale of South of France Products that it would not have otherwise earned.”

As example, the complaint compares the price of South of France Lemon Verbena Foaming Hand Wash at 62 cents per fluid ounce with Mrs. Meyer’s Lemon Verbena Liquid Hand Soap at 31 cents per fluid ounce.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kirk’s Natural South of France Beauty Products New York Complaint

September 3, 2021

Kirk’s Natural, LLC makes personal products under the South of France brand, including bar soap, hand wash, foaming hand wash, sugar polish, and hand & body cream, all of them in a variety of fragrances. But the complaint alleges that the product packages all contain the misrepresentation that the products are from France.

Kirk’s Natural South of France Beauty Products New York Complaint

Case Event History

Kirk’s Natural South of France Beauty Products New York Complaint

September 3, 2021

Kirk’s Natural, LLC makes personal products under the South of France brand, including bar soap, hand wash, foaming hand wash, sugar polish, and hand & body cream, all of them in a variety of fragrances. But the complaint alleges that the product packages all contain the misrepresentation that the products are from France.

Kirk’s Natural South of France Beauty Products New York Complaint
Tags: Country of Origin, Deceptive Advertising, Deceptive Labels