New York Judge refuses L’Oréal USA’s request to dismiss common-law fraud claims in keratin shampoo case

New York Judge refuses L’Oréal USA’s request to dismiss common-law fraud claims in keratin shampoo case

US District Judge Lorna Schofield has refused calls from L’Oréal USA to dismiss claims of common-law fraud, violation of three separate prongs of California’s Unfair Competition Law, and violation of California’s False Advertising Law in a class action suit brought against the beauty giant regarding its Keratindose products.

The decision signals the end of a lawsuit against the company that saw Brandi Price and Christine Chadwick claim they were fooled by the products, which indicate the inclusion of the keratin ingredient, stating they were defrauded by false advertising. The L’Oréal Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and Pro-Keratin Renewal Spray are made by L’Oréal USA and its professional haircare brand Matrix Essentials.

According to the suit, “The Keratindose products do not contain any keratin at all and are incapable of providing the claimed benefits of keratin to the consumer.”

Acknowledging the claims, Schofield stated, “The fact that the advertisements did not use the word ‘keratin’ in isolation and instead used the word ‘Pro-keratin’ does not change the analysis.
“It is unclear what ‘Pro-keratin’ is and, given the inclusion of the word ‘keratin’ and the characterization of the shampoo, for example, as ‘our keratin shampoo,’ defendants plausibly misrepresented that the products contain keratin.”

However, the judge did allow the dismissal of two unjust-enrichment claims, and the plaintiffs call for an injunction, stating she saw ‘no clear and present threat of injury.’

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