In a recent development, a class action lawsuit is filed against Huda Beauty for hiding the fact that their Neon Obsessions makeup palette is not fit to be used around the eyes.
For starters, Huda Beauty is a digital cosmetic brand owned by popular social media influencer Hude Kattan. The brand specifically promotes the Neon Orange, Neon Pink, and Neon Green palettes for use around consumers’ eyes.
The class-action lawsuit is filed against the company by Christie Ramirez, a California resident who says that she purchased Neon Obsessions products, thinking them to be eyeshadow. She later found out that the product contains a disclaimer in fine print on the back of the package stating that it should not be used around the eyes.
Christie revealed that the misrepresentation of the product led her to suffer physical injury in the form of eye irritation after using the Neon Obsessions Palette. According to her, Huda Beauty started selling the Neon Obsessions range as eyeshadow in May 2019. As claimed, the company’s founder has encouraged the users to apply the products directly on their eyelids since the launch of the Neon Obsessions range.
Additionally, the retail partners of Huda Beauty, Sephora, and JC Penney, also promoted the range in stores and online as eye products.
Although the marketing representations of Neon Obsessions palettes of Huda Beauty establish them as beauty products for the eyes, their packaging tells a different story.
The packaging of Neon Obsessions products resembles a lot to the other products from ‘Obsessions’ eyeshadow range of Huda Beauty. However, the word ‘eyeshadow’ is reportedly omitted by the Neon’s range and replaced with ‘palettes.’ The suit further relays that the product smartly hides the approval related information by disclosing it in a fine print disclaimer present on the hidden inner page of the back label of the product where the company mentions that the product should not be used on the eye area.
Further, the complaint mentions that this disclosure and the related language don’t appear anywhere on the website of Huda Beauty or the company’s advertising material. There is no mention of the disclaimer on the social media and websites of Sephora and other partner retailers as well.
The suit goes on to mention that consumers can only view the hidden disclaimer only when they have purchased the Neon products and unwrapped the packaging.
Apart from the contradictory presentation of the Huda Beauty product, it is important to mention here that the makeup products under the Neon Obsessions range make use of color additives that are not approved to be used near the eye area by the Food and Drug Administration (FDA) of USA.
It is clear that Huda Beauty was aware that the color additives present in its products are not approved for use in the eye area. It has still tried to conceal the important information from consumers in an attempt to keep selling its products as eyeshadows while playing around with federal and California law.
Reportedly, the company violates California’s Business and Professions Code. It also disrespects the Consumers Legal Remedies Act. Therefore, the lawsuit represents in the US who purchased the Neon Obsessions products from Huda Beauty until the class is certified.
Additionally, it also proposes a sub-class for California residents who have purchased the Neon products.
As it goes, there is not much left to do to join a class action when a case is first filed. However, as the lawsuit moves forward and gets settled, anyone affected (the buyers of the concerned range of products from Huda Beauty) will get an opportunity to claim whatever compensation the court decides.
More often than not, a personal injury could be a result of third-parties. It is important to know about your code of conduct in such cases to seek a justifiable amount of compensation.
That’s when a personal injury lawyer helps you out. If you are in a similar situation and want to file a class-action lawsuit against any entity, contact Keith Law Group to get immediate help and assistance. We have the required skills, expertise, and access to resources to help you out. Contact us today to book your appointment and to seek recommendations on your class action lawsuit.