New York, NY: Maybelline is facing a consumer fraud class action lawsuit alleging its "uper Stay"lipstick and lip gloss don't last as long as promised. The lawsuit accuses L'Oreal SA, the parent company of Maybelline, of falsely advertising the staying power of both products, which sell for about $9 each.
The lawsuit, filed by Carol Leebove, Wanda Santa and Denise Santiago, claims L'Oreal and Maybelline make "misleading, inaccurate and deceptive"advertising claims regarding its "uper Stay 14HR Lipstick"and "uper Stay 10HR Stain Gloss."
The women claim that while the products are advertised as having "super staying power"that "won't fade,"that' not been their experience with the products. According to the lawsuit, "the Super Stay products do not remain on the wearer' lips for the extended periods as advertised"and "wear off and fade after only a few hours of wear." One of the Plaintiffs claims the so-called long-lasting lipstick wears off as soon as she eats a meal or has a drink.
The Maybelline Super Stay lipstick lawsuit, entitled Carol Leebove, et al. v. Maybelline LLC, Case No. 12-cv-07146, is seeking more than $5 million in damages for a proposed class of consumers who purchased the makeup based on advertising statements about their "super staying power."It is alleging unjust enrichment, breach of warranty and violations of various consumer-protection laws.