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L’Oreal USA Waterproof Mascaras PFAS Content California Class Action

L’Oreal USA, Inc. makes a number of waterproof mascara products under the L’Oreal and Maybelline brands. But the complaint for this class action alleges that some of these products contain potentially harmful ingredients: per- and polyfluoroalkyl substances, or PFAS.

The class for this action is all individuals in California who bought the waterproof mascara products between 2018 and the present.

While the labeling of cosmetic products in the US is regulated, the compositions of the products themselves are largely unregulated. The complaint alleges that “with the exception of some color additives, the [Food and Drug Administration (FDA)] does not require cosmetic ingredients or cosmetics products to have FDA approval prior to entering the market, and federal regulations also do not regulate the type or kind of testing that is needed to determine the safety of cosmetic ingredients or products.”

The complaint quotes L’Oreal as saying that “The Quality and Safety of Our Products Are Our Priority” and claiming that it is “Going above and beyond industry standards[.]”

In general, consumers have been showing increased preference for natural or organic products of all kinds. The complaint alleges that “high-profile lawsuits” against the makers of personal care products “have made consumers afraid of chemicals and more interested in products that are ‘natural’ and ‘safe.’”

PFAS are human-made and do not occur in nature. 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.”

According to the complaint, while thousands of kinds of PFAS exist, “the details of many of these compounds are proprietary and known only to manufacturers and industrial users. But, what all PFAS share is that they contain multiple carbon-fluorine bonds, considered one of the strongest in chemistry, making them highly persistent in the environment and in human and animal bodies.” Two kinds of long-chain PFAS are PFOA and PFOS.

The European Union regulates products contain PFAS, and, the complaint alleges, “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.” PFOA and PFOS have been termed “likely carcinogens.”

Humans can be exposed to PFAS through ingestion, inhalation, and skin absorption. The complaint claims, “Many PFAS … are toxic to humans at extremely low levels. Exposure to certain PFAS is associated in the medical and scientific literature with harmful and serious health effects in humans and animals” which may include “impacts to learning and behavior of older children,” interference with hormones, cancer, and other conditions and diseases.

The complaint claims that the following products have been tested by a third-party lab and have been found to contain PFAS:

  • L’Oreal Voluminous Waterproof Mascara
  • 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
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

L’Oreal USA Waterproof Mascaras PFAS Content California Complaint

February 22, 2022

L’Oreal USA, Inc. makes a number of waterproof mascara products under the L’Oreal and Maybelline brands. But the complaint for this class action alleges that some of these products contain potentially harmful ingredients: per- and polyfluoroalkyl substances, or PFAS.

L’Oreal USA Waterproof Mascaras PFAS Content California Complaint

Case Event History

L’Oreal USA Waterproof Mascaras PFAS Content California Complaint

February 22, 2022

L’Oreal USA, Inc. makes a number of waterproof mascara products under the L’Oreal and Maybelline brands. But the complaint for this class action alleges that some of these products contain potentially harmful ingredients: per- and polyfluoroalkyl substances, or PFAS.

L’Oreal USA Waterproof Mascaras PFAS Content California Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals, PFAS