The federal lawsuit alleges "Kao makes erroneous claims in the packaging, labeling, marketing, advertising and promotion for the Product, such as falsely asserting that it is 'clinically proven to reduce the appearance of cellulite,' that it will tighten a user' skin, and produce improved resiliency, elasticity, and firmness."The lawsuit also states that these claims are "erroneous, false and misleading to a reasonable consumer."
"Kao' Product sales were based upon this false promise and misleading advertisements targeting vulnerable consumers which cause, and continues to cause, consumers to pay a price premium for the Product,"the lawsuit claims. "Plaintiff and other purchasers of the Product have suffered injury in fact and have lost money as a result of Kao' false misrepresentations. Plaintiff purchased the Product because of the claims made by Defendant, and would not have purchased the product if she had known that this advertising was false."
The lead Plaintiff claims she relied on the misleading statements on the product' bottle in her decision to purchase the $6 product. She is seeking damages and equitable relief for a proposed Class of all California residents who purchased Jergens Skin Firming Daily Toning Moisturizer for personal use.