Los Angeles, CA: A consumer fraud action lawsuit has been filed against Estee Lauder Cos. Inc, alleging the cosmetics company practices misleading advertising regarding its Advanced Night Repair skin care products suggesting that the products promote DNA repair and other anti-aging effects.
Field by plaintiff Donna Tomasino, the class action, entitled Donna Tomasino v. The Estee Lauder Cos. Inc., et al., Case No. 1:13-cv-04692, in the U.S. District Court for the Eastern District of New York, claims that Tomasino purchased Estee Lauder' Advanced Night Repair Synchronized Recovery Complex and Advanced Night Repair Eye Synchronized Complex because of claims made by the company' advertisements. However, Tomasino, claims, there is no product testing to back up the alleged anti-aging claims.
"The clinical studies and other data that Estee Lauder represents as supportive of the claimed efficacy results are nothing more than a continuation of defendants' misleading practices -- each of the studies is designed to be used in the marketing materials to support the claimed efficacy and defendants know that consumers will not see the results these studies purportedly represent,"the lawsuit states.
The lawsuit further alleges Estee Lauder created the claims in its advertising campaign for the Advanced Night Repair products even though the company knows the advertising claims are false. Tomasino alleges that Estee Lauder is motivated by profit and to that end deliberately misleads its consumers into believing that the products have anti-aging effects so that they will spend a higher price for the Advanced Night Repair line of products.
"In sum, Estee Lauder dupes consumers with false and misleading promises of product results based on purported scientific discoveries that it knows it cannot deliver. Estee Lauder does so with one goal in mind, reaping enormous profits at the expense of consumers,"the lawsuit states.
Caroline F. Bartlett, James E. Cecchi and Zachary S. Bower of Carella Byrne Cecchi Olstein Brody & Agnello PC and Jay W. Eisenhofer, Robert G. Eisler and Adam J. Levitt of Grant & Eisenhofer PA are representing Tomasino and the class.
