New York, NY: Revlon is facing a consumer fraud class action lawsuit filed by two women who allege the company makes false and misleading claims regarding the benefits of various beauty products. The lawsuit specifically claims that these products are advertised as providing a "DNA Advantage" despite the fact that none of the products can stimulate, interact with or otherwise affect the genetic code in human skin cells.
Filed by Anne Elkind and Sharon Rosen, of Long Island and California respectively, the lawsuit states: "Revlon claims in its federal trademark registration that 'DNA Advantage' refers to an 'ingredient in the manufacturing of cosmetics and makeup to protect against UV rays' which is essentially sunscreen. Further, only one of its three 'Age Defying with DNA Advantage' products ... even contains sunscreen."
The plaintiffs allege Revlon' use of the term "with DNA Advantage,"rather than "with sunscreen,"could deceive consumers into believing that the three cosmetic products are scientifically important and beneficial over and above anything having to do with UV protection from sunscreen, according to the lawsuit.
The complaint further states that even if the information on the packaging is referring to other ingredients with respect to the "DNA Advantage", no ingredient identified by its customer service employees is capable of stimulating, interacting with or otherwise affecting the DNA in human skin cells, contrary to Revlon' advertising claims. Further, Revlon' packaging of the products features a double-helix design characteristic of the shape of deoxyribonucleic acid or DNA molecules, which could further deceive ordinary consumers.
"Plaintiffs paid more for the products than they otherwise would have absent these statements, and would not have been willing to pay the prices they did, or to purchase them at all, absent the misrepresentations," the lawsuit states. The complaint, Elkind et al v. Revlon Consumer Products, case number 2:14-cv-02484, in the U.S. District Court for the Eastern District of New York, alleges fraud, false advertising and unfair business practices claims under both New York and California statutory and common law. Plaintiffs seeks class action status, injunctive relief including possibly a recall of the products and payment including punitive damages from the Manhattan-based Revlon Inc, unit.
The plaintiffs are represented by the Law Offices of Ronald A. Marron APLC and the Law Office of Jack Fitzgerald PC.
