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Federal judge: Maybe this trial is worth it



There’s been a wrinkle in makeup and skin care company L’Oreal SA’s motion to dismiss a facial cream lawsuit: A federal judge in New York on Tuesday gave the green light to a proposed class action that accuses the company of defrauding shoppers by suggest that its topical collagen products help smooth wrinkles.

According to Reuters, the two plaintiffs allege that L’Oreal violated New York and California consumer protection laws by tricking them into paying too much for its Collagen Moisture Filler Day/Night Cream and its Fragrance-Free Collagen Moisture Filler Daily Moisturizer.

According to the complaint, made available by the management service, topically applied collagen is too large to be absorbed by the epidermis, the top layer of skin, making the products unable to help “smooth wrinkles”

; and “restore the skin’s cushion” as the labels suggest. .

L’Oreal asked the judge to dismiss the lawsuit, arguing that it did not say that a moisturizer containing collagen would penetrate the skin or stimulate collagen production, and that reasonable consumers would not believe otherwise based on the products’ names.

But a federal judge said the plaintiffs had a point: “It is perfectly reasonable that a reasonable consumer, shopping for cosmetics, would see a product called ‘Collagen Moisture Filler,’ which promises to ‘smooth wrinkles’ and ‘restore the skin’s cushion.’ and associated this product with the cosmetic benefits of the collagen molecule.”


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