Class Action Alleges e.l.f. Holy Hydration! Exfoliant, Glossy Lip Stain Are Sold in Half-Empty Containers

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A proposed class action lawsuit claims e.l.f. Cosmetics has misled consumers by selling its Holy Hydration! Gentle Peeling Exfoliant and Glossy Lip Stain in oversized containers that are half-empty.

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According to the 32-page e.l.f. lawsuit, the company has misrepresented that the packages contain an amount of product commensurate with the size of their containers, thereby fooling unwitting consumers into paying “premium prices for empty space.”

Reasonable consumers who view the packaging are led to expect that they are purchasing a container full of product, the class action suit contends. In truth, what they actually receive is significantly less than what is represented by the size of the package, the case alleges.

The products’ opaque packaging prevents consumers from seeing the contents before purchase, the lawsuit says.

For example, the lip stain tube is only partially visible through an opening in the exterior packaging, and consumers are unable to tell prior to purchase that the beauty product does not extend the full length of the outer box, the complaint relays. Shoppers are, therefore, led to believe the item is nearly two inches longer than it actually is, the filing claims.

The case argues that not even shaking the containers would warn a shopper about the amount of slack-fill, or nonfunctional empty space, found inside each package.

The cosmetic products are underfilled for no legitimate or lawful reason, the suit claims. Per the complaint, the empty space does not protect the contents of the containers, nor is it a necessary part of the presentation or a result of the items settling during shipment.

In fact, e.l.f. can “easily increase the quantity of product in each container (or, alternatively, decrease the size of the containers) significantly,” the filing charges.

The case alleges that the company’s deceptive conduct has violated several California consumer protection and packaging laws.

The lawsuit looks to represent all California residents who purchased e.l.f.’s Holy Hydration! Gentle Peeling Exfoliant or Glossy Lip Stain containing nonfunctional slack-fill within the state during the past four years.

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