‘A Sham’: Class Action Alleges Palmer’s Stretch Mark-Fighting Products Don’t Work
Booker et al. v. E.T. Browne Drug Co., Inc.
Filed: April 21, 2020 ◆§ 7:20-cv-03166
E.T. Browne Drug Co.'s stretch mark-fighting products do not work as advertised, a class action lawsuit claims.
A proposed class action lawsuit alleges the Palmer’s Massage Lotion for Stretch Marks, Massage Cream for Stretch Marks and Tummy Butter for Stretch Marks made by E.T. Browne Drug Co., Inc. are ineffective for their stated purpose.
According to the 13-page case, the products are “a sham” in that scientific evidence shows they do not prevent or reduce the appearance of stretch marks and are wholly ineffective.
The lawsuit cites a number of peer-reviewed studies that have concluded no topical cosmetic product can prevent the development of stretch marks or reduce their appearance once they have been formed. One such study, from 2016, found that there was no difference in the reduction of stretch marks treated with a cocoa butter-based cream such as the one made by E.T. Browne versus a placebo, the case says, with a study from eight years prior offering a similar conclusion that the use of such during pregnancy does not cut down on the likelihood of developing stretch marks.
Other studies, from 2008 and 2009, have also proved cocoa butter is ineffective at preventing or treating stretch marks, the case says, noting that time and again ingredients such as Vitamin E, collagen, elastin, argan oil and shea butter have been found to be no match for stretch marks.
The defendant has sold millions of its lotion, cream and butter products with the promise that they’re effective at combatting and preventing stretch marks, the complaint alleges. The plaintiff asserts that she and similarly situated consumers would not have bought the products, or would have paid substantially less for the items, had they known E.T. Browne’s representations were false and misleading.
The lawsuit alleges violations of New York’s consumer protection laws, as well as unjust enrichment, breach of express warranty and fraud.
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