Maybelline Sued for Lipstick Without Staying Power
Makeup companies like Maybelline often make claims about their long-lasting lipstick and clump-free mascara. But just like any other company, their claims have to be based on some kind of facts.
Maybelline seems to have forgotten that when it started marketing its Super Stay 10HR Stain Gloss and Super Stay 14 HR Lipstick and consumers weren't happy. A group of women are suing the makeup company for false advertising, claiming that the makeup doesn't last nearly as long as the name suggests.
Advertisers do have some wiggle room when it comes to making claims about products but the lawsuit claims the company has gone too far and misrepresented themselves to customers.
The Super Stay line advertises itself as a product that will last for hours, as evidenced by the times that appear in the products' names.
But customers complain the lipstick only lasts a few hours before wearing off, reports The Wall Street Journal. Along with their lawyers, the women are claiming that Maybelline's ads are a misrepresentation of the lipstick's actual staying power.
When it comes to advertising, companies have a responsibility to be reasonably honest.
Courts do allow a bit of what the legal world calls 'puffing' and what most normal people just call 'spin.' But that only permits some additional embellishment of the truth.
In general, more generic terms are ok if used to talk up a product. But the more concrete the advertising, such as '10 hour' or 'better than competitors,' the less likely a court will be OK if the product doesn't meet expectations.
Have you felt ripped off by a product that didn't seem to live up to the ads? You can always ask the experts at the FindLaw Answers Retail Purchases Forum about whether the ads fall into the realm of misleading.
If that's the case you could be entitled to compensation for the disappointing product.
It's hard to judge the chances of this lawsuit without more information. The fact that some women claim that lipstick doesn't last long enough could be important. But Maybelline's basis for the claim and how long they observed the lipstick's staying power will likely be a key part of the case.
So far the national brand hasn't commented on the lawsuit, according to The Wall Street Journal. All they'll say is that they stand behind their products.
- Maybelline, L’Oreal Lipsticks Have the Most Lead in Them (FindLaw's Common Law)
- Beauty Items Top 'Most Shoplifted' List (FindLaw's Blotter)
- Wrigley Settles Eclipse Gum False Advertising Lawsuit (FindLaw's Common Law)
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