L’Oreal, Maybelline Waterproof Mascaras Contain PFAS Class Action

L’Oreal USA, Inc. is a very large cosmetics company. But the complaint for this class action alleges that some of its waterproof mascaras contain per- and polyfluoroalkyl substances (PFAS) and that it does not disclose this to its customers. The complaint claims that these substances are harmful to humans and that they should not be used in substances applied to the skin.

The Nationwide Class for this action is all individuals in the US who bought the waterproof mascara products, between 2018 and the present. A New Jersey Subclass has also been defined for those in the above class in New Jersey.

The products at issue include the following:

• L’Oreal Voluminous Waterproof Mascara
• L’Oreal Voluminous Lash Paradise Waterproof Mascara
• Maybelline Volum’ Express the Falsies Waterproof Mascara
• Maybelline Volum’ Express Total Temptation Waterproof Mascara
• Maybelline Great Lash Waterproof Mascara
• Maybelline Total Temptation Waterproof Mascara

PFAS are human-made chemicals that do not occur in nature. They have commercial uses, in the manufacture of consumer products. The complaint alleges, “Consumer products manufactured with PFAS were often promoted as being resistant to heat and stains, long-lasting, and capable of repelling water, oil, and grease.”

PFAS have often been used in cosmetics, the complaint claims, “booth as an intended ingredient and as degradation products and impurities from the production of certain PFAS precursors used in certain products. They can make cosmetics “wear-resistant,” “long-lasting,” or waterproof.

PFAS have carbon-fluorine bonds, which are very strong and do not break down easily. They can travel through groundwater as well as rivers, the ocean, and water supplies, and the complaint alleges they are persistent in the environment and can bioaccumulate in human bodies.

According to the complaint, PFAS can be toxic to human beings even at low levels. The complaint lists some of their potential effects as altered growth, impacts on child learning and behavior, interference with hormones, changes in the immune system, thyroid disease, and the potential development of testicular and kidney cancers.

The complaint alleges, “Independent testing from a third-party lab determined that PFAS, including certain long-chain PFAS like PFOA, were present within several popular L’Oreal waterproof mascara products,” including the ones listed above.

Humans can be exposed to PFAS through ingestion or through absorption through the skin, the complaint says, making them problematic in cosmetics applied around the eyes.

L’Oreal has 4,000 people performing research and development to create its products. The complaint quotes the company as saying that it “The Quality and Safety of Our Products Are Our Priority” and that it “provid[es] a continuously improving response to the Beauty needs and aspirations of consumers, while the products they create are ever more effective, and provide the highest standards of quality and safety.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals, PFAS