A judge has certified a class of plaintiffs from New York and California to challenge the US arm of L’Oréal regarding accusations that the French beauty giant falsely marketed claims about its Keratindose hair products contain protein.
In the lawsuit Brandi Price, et al. v. L’Oréal USA, District Judge Lorna Schofield denied the group’s request to certify a nationwide class due to the alleged allegations only being able to be certified on an individual basis.
The products involved were part of the Matrix Biolage Advanced Keratindose Pro-Keratin + Silk product line and included the three products Matrix Biolage Advanced Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and Pro-Keratin + Silk Renewal Spray.
Plaintiffs allege they paid a premium for the product due to the signalled inclusion of the keratin ingredient, when the hair care products do not actually contain the ingredient.
The lawsuit states that the products actually damaged hair rather than the product claims of restoring ‘overprocessed hair’.
According to Judge Schofield, “The viability of each class member’s fraud claim turns on whether or not he or she relied on alleged representations that the Products contain keratin.
“Individual customers’ reliance is not subject to general proof in this case. Thus, certification of any class based on a fraud claim is inappropriate.”