Revlon learned the hard way that making false claims about beauty products can lead to class action lawsuit settlements. In 2014, lead plaintiffs Sharon Rosen and Anne Elkind filed a class action lawsuit against Revlon. Elkind and Rosen asserted that the phrase “DNA Advantage” misled consumers into believing the Revlon Age Defying DNA Advantage line of cosmetics produced a beneficial impact on human DNA. The class action lawsuit states that “Consumers could get the mistaken impression that Revlon DNA Advantage could reverse, minimize, slow, or otherwise defy the process of aging.”
According to class counsel, both parties in the class action lawsuit reached a preliminary settlement that covers consumers who purchased Revlon DNA Advantage powder, concealor, and/or cream makeup between April 25, 2011 and June 30, 2016.
Rosen and Elkind claimed Revlon’s marketing of its line of DNA Advantage products violated the statutes written in the federally mandated Food, Drug, and Cosmetic Act, as well as the consumer protection laws on the books in California and New York. The class action lawsuit received modification from United States District Judge Joanna Seybert, who denied some of the plaintiff claims. However, the primary assertion of misleading advertising remains the legal litmus test for the class action settlement.
What You Need To Know
Class members who file valid and timely claims might be eligible for compensation out of the $900,000 settlement fund. The class action settlement also forces Revlon to cease the manufacturing and sale of DNA Advantage products. Class members who want to opt out of the class action settlement or contest one or more sections of the agreement have until July 18, 2017 to file the appropriate paperwork. Eligible class members include consumers who purchased any of the qualifying Revlon DNA Advantage products between April 25, 2011 and June 30, 2016.
The potential award for class members is $3 for every Revlon DNA Advantage product purchased. Class member are allowed to claim up to three products, without having to submit proof of purchase with claim forms. If you want to claim more than three products, you must file receipts that confirm you purchased the Revlon DNA Advantage products.
Class members have until June 5, 2017 to file a claim form. Formally referred to as Anne Elkind and Sharon Rosen v. Revlon Consumer Products Corp., Case No. 2:14-cv-02484-JS-AKT, in the U.S. District Court for the Eastern District of New York, the class action settlement has a final hearing scheduled for August 1, 2017. Stay on top of class action settlement updates by visiting www.DNAAdvantageSettlement.com. Class counsel includes Thomas A. Canova and Jack Fitzgerald from The Law Office of Jack Fitzgerald PC, as well as Ronald A. Marron and Skye Resendes from the Law Offices of Ronald A. Marron APLC.
