Sally Beauty Supply Quart Bottles at “Liter Sale” Class Action

Sally Beauty Supply, LLC has 4,000 stores around the world, half of them in the US. They sell both Sally Beauty professional product lines of products and third-party products. The complaint for this class action alleges that the company’s regular “Liter Sales” are deceptively advertised, because many of the products on sale at those times do not contain a full liter of product.

The class for this action is all those who live in New York and in all other states who bought the products during the applicable statute of limitations.

The complaint shows some of the promotion for the sales, which occur at least twice a year: red half-circles sticking out from shelves saying “Liter Sale” or “Buy 1 Get 1. 50% off all hair care liters,” and online screens with the words “Liter Sale” or “Sally Beauty. All Liters. All Brands. Liter Sale” in large letters. Where there are images, they show large bottles of a variety of products.

However, the complaint claims that many of the “liter” products being offered on sale do not contain a full liter of product. A liter is 33.8 ounces; many of the products contain only a quart, or 32 ounces.

The plaintiff in this case, Aileen Goldstein, says she has bought many items at the Sally Beauty Liter Sales expecting that the bottles contained a full liter of product. The complaint claims she “was deceived by and relied on [Sally Beauty’s] deceptive advertising.”

The complaint alleges that Sally Beauty is aware that the products are not a full liter “because the shelf tag states ’33.8 oz.’ even though the bottles on the shelf are labeled as being ‘32 oz.’” It shows several photos of a bottle amount-of-contents label showing “32 oz.” just above the shelf label showing “33.8 oz.”

The complaint claims, “Though [Sally Beauty] may not manufacture and label all of the Products promoted in its liter sales that are less than one liter, it is responsible for promoting them as ‘liters’ to capitalize on consumers’ desire for a bargain.”

It claims that the promotion of the items as part of a “liter sale” is deceptive and misleading. Consumers, it claims, “were induced to purchase more of the Products than they otherwise would [have] had the representations been accurate.”

The counts include negligent misrepresentation, fraud, violations of state law, and breaches of express warranty, implied warranty of merchantability, and the Magnuson Moss Warranty Act, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sally Beauty Supply Quart Bottles at “Liter Sale” Complaint

September 26, 2020

Sally Beauty Supply, LLC has 4,000 stores around the world, half of them in the US. They sell both Sally Beauty professional product lines of products and third-party products. The complaint for this class action alleges that the company’s regular “Liter Sales” are deceptively advertised, because many of the products on sale at those times do not contain a full liter of product.

Sally Beauty Supply Quart Bottles at “Liter Sale” Complaint

Case Event History

Sally Beauty Supply Quart Bottles at “Liter Sale” Complaint

September 26, 2020

Sally Beauty Supply, LLC has 4,000 stores around the world, half of them in the US. They sell both Sally Beauty professional product lines of products and third-party products. The complaint for this class action alleges that the company’s regular “Liter Sales” are deceptively advertised, because many of the products on sale at those times do not contain a full liter of product.

Sally Beauty Supply Quart Bottles at “Liter Sale” Complaint
Tags: Deceptive Advertising, Deceptive Labels, Underfilled Product