Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring” hair products deceived consumers into believing the products contained keratin. United States District Court Judge George B. Daniels rejected these allegations, finding that the challenged statements were clear both on their own
Southern District of New York
Another Slack Fill Preemption Win for the Cosmetics Industry in Critcher v. L’Oreal
By Jaclyn M. Metzinger on
Posted in Slack Fill
In a victory for cosmetics companies everywhere, the Second Circuit has affirmed the dismissal of slack fill allegations claiming that L’Oréal’s pump dispense mechanism for serums, lotions, and liquid makeup prevents consumers from utilizing every drop of product.
Last August, we reported on the Southern District of New York’s decision granting L’Oréal’s motion to…
The Slack Fill Dismissal Streak Continues in the Southern District of New York
By Kristi L. Wolff & Jaclyn M. Metzinger on
Posted in Slack Fill
A label contains an accurate net weight of the amount of product inside. The packaging is clear, allowing consumers to view a pump mechanism common in the cosmetics world. So, where’s the deception?
According to the Southern District of New York – there is none. In Critcher et al. v. L’Oreal USA, Inc., et al.,…