Lawsuit Filed Against Eye Makeup Supplier
Here’s a bit of history you probably don’t know. What was the majority of makeup made of in the Middle Ages? If you guessed “lead”, you’d be correct. Of course, this makeup caused serious problems for the women who used it. On top of heavy metal poisoning, it would completely mottle their skin. If you only live to 35, it matters less than those of us who have to stick around twice that long, but makeup has been dangerous for a long time.
Finding the right chemicals to use on the skin is no small feat. Today, most of our makeup is quite safe. However, one makeup manufacturer, ColourPop, is involved in a class-action lawsuit amid claims that their makeup is dangerous to use near the eyes. Now one plaintiff has filed a class-action lawsuit claiming that the chemicals in ColourPop makeup can cause injury to the eyes if someone has a fidgety morning. According to the lawsuit, these harmful ingredients render ColourPop unsafe to use near the eyes.
ColourPop has made millions mining social media influencers to sell their products. Their products are cheaper than similar products but also pitched as cruelty free and without animal testing. All of this has made ColourPop wildly popular among Millenials and Gen Z, something ColourPop has benefited quite a bit from.
According to the class-action lawsuit, ColourPop keeps prices low by using ingredients that are unsuitable to place on human skin, especially around the eyes, and this is how it’s kept its prices low all these years. Since the products lack FDA approval, the plaintiffs contend that the products are mislabeled, misbranded, and potentially dangerous.
The plaintiff further contends that the company knew that their products were dangerous to use around the eyes, but continued to market the product anyway, encouraging customers to use eyeshadow and more in a potentially dangerous way.
Analyzing the lawsuit
Thus far, no one has stepped forward to say that they were seriously injured by ColourPop makeup, suffered eye damage, or lost their vision. However, ColourPop evaded the FDA by using materials in their makeup that were not authorized for such use and then marketed the product to consumers without a warning. So, while ColourPop may have yet to give rise to any personal injury lawsuits, they are facing a consumer fraud lawsuit, breach of warranty lawsuit, and other actions alleging that they unjustly enriched themselves by lying to the public.
This could hurt the company if they lose. They will need to pay out the class-action and find another formula for their makeup. This could essentially make their business model untenable. But you have to follow the law if you want the law to protect you.
Talk to a Florida Product Liability Lawyer Today
Halpern Santos & Pinkert file product liability lawsuits against negligent companies that place dangerous or defective products into the stream of commerce. Call our Florida personal injury attorneys today to schedule a free consultation and we can begin discussing your allegations immediately.