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July 26, 2012 / Narine Khngikyan

New Class Action Lawsuit Filed Against L’Oreal

The Huffington Post reported yesterday that beauty giant  L’Oreal must now defend a certified class action lawsuit that was brought to dispute  the safety of one of their products, Garnier Fructis Sleek & Shine Anti-Frizz Serum

The lawsuit alleges that the anti-frizz serum contains two ingredients that may become flammable when used with high-temperature styling tools. Cyclopentasiloxane and Dimethiconol, which are key ingredients in the serum, are known to be flammable substances that should be kept away from heat sources. However, L’Oreal advises that the serum should be used before styling hair with tools like  hair curlers, ironers, blow-dryers, etc. Both ingredients have a flashpoint of 171 degrees Fahrenheit, but when paired with the above tools that reach heated temperatures of 200 to 450 degrees Fahrenheit, they can become extremely flammable and constitute a safety hazard.

The lawsuit alleges that L’Oreal has failed to warn consumers about the risk, claiming that “L’Oreal placed a misleadingly limited, and inaccurate, warning [on the product packaging]

that implied its product was safe to use with styling appliances, stating, ‘AVOID FIRE, FLAME, SMOKING AND HEAT [EXCEPT FOR STYLING APPLIANCES] DURING APPLICATION AND UNTIL HAIR IS COMPLETELY DRY’ (emphasis added). On other Serum product packaging, L’Oreal provided no warning of any kind.”

A judge from the Central District of California has now certified the case as a class action. The four named plaintiffs who originally filed the suit back in February 2, 2012  are seeking statutory and treble damages, and all attorney fees, costs and expenses. In addition to the damages, the suit demands that L’Oreal issue a recall of the products and provide an accurate warning label.

L’Oreal has released a statement regarding the lawsuit claiming, “We cannot comment on the current lawsuit except to say that L’Oréal denies the allegations and will continue to vigorously defend Garnier Fructis Sleek & Shine Anti-Frizz Serum as safe for consumers.”

If you have purchased a product and suspect that the product poses health or safety hazards, contact Khorrami, LLP for a confidential consultation.

See link for certification order.

 

 

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