Earlier this week, global beauty company L’Oréal failed to persuade a U.S. judge in Manhattan to dismiss a proposed class action lawsuit accusing the company of “widespread false and deceptive advertising” by suggesting that two topical collagen products—Collagen Moisture Filler Day/Night Cream and Fragrance-Free Collagen Moisture Filler Daily Moisturizer—help to smooth wrinkles.
 
According to the complaint, topically applied collagen is too large to be absorbed by the epidermis, the uppermost layer of skin, making the products incapable of helping “smooth wrinkles” and “restore skin’s cushion” as the labels suggest.
 
The plaintiffs Rocio Lopez and Rachel Lumbra sued in August 2021, claiming that L’Oreal violated New York and California consumer protection laws by deceiving them into overpaying for its topical collagen products
 
The suit contends that consumers would not have bought the collagen creams, or would not have paid as much for them, had they known they were not actually capable of restoring or smoothing the skin.
 
“While there is some authority to suggest that ingesting collagen orally has some (mild) effect on skin hydration, elasticity and wrinkling, topical collagen products are simply worthless as they are incapable of having any anti-aging or skin-firming effects on the skin,” the complaint says.
 
Furthermore, the lawsuit alleges L’Oreal knew, or at least should have known, that its representations about the topical collagen products were false, deceptive and misleading and that the products were ineffective and unable to live up to their advertised claims. Still, the company chose to sell the collagen products at a premium price compared to items that do not claim to offer anti-aging benefits, the suit says.
 
L’Oreal sought a dismissal, claiming it did not say a moisturizer containing collagen would penetrate the skin or stimulate collagen production, and that reasonable consumers would not believe otherwise from the products’ names.
 
However, U.S. District Judge Andrew Carter said the plaintiffs plausibly alleged that the “collagen” on L’Oreal’s labels referred to molecules that provide cosmetic benefits, by purporting to reverse signs of aging.
 
“It is wholly plausible that a reasonable consumer, shopping for cosmetics, saw a product named ‘Collagen Moisture Filler,’ promising to ‘smooth wrinkles’ and ‘restore skin’s cushion,’ and associated this product with the cosmetic benefits of the collagen molecule,” Judge Carter wrote.
 
The lawsuit seeks unspecified damages for purchasers of the L’Oreal products nationwide, Reuters reports.

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