Dior Cosmetics ‘Do Not and Cannot’ Provide 24-Hour SPF Protection as Advertised, Class Action Claims [UPDATE]
Last Updated on December 7, 2023
Slaten v. Christian Dior, Inc.
Filed: January 27, 2023 ◆§ 4:23-cv-00409-DMR
Christian Dior, Inc. has been hit with a class action lawsuit that claims the cosmetic company has misleadingly marketed certain products as offering 24-hour SPF protection.
California
December 7, 2023 – Amended Complaint Filed After Dior Foundation Lawsuit Dismissed
The plaintiff in the proposed class action detailed on this page has filed an amended complaint after their initial lawsuit was dismissed in October 2023.
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The 28-page amended complaint, filed on December 1, comes after U.S. District Judge Jacqueline Scott Corley granted a motion by Dior to dismiss the case, finding that reasonable consumers would not be deceived when they consider the products’ front and back labels together.
Although shoppers could plausibly assume that the “24H” front label statement means the products’ cosmetic and sun protection benefits both last 24 hours, this “ambiguous” representation is clarified by the back panel drug facts, which instruct users to “reapply at least every 2 hours,” the judge wrote.
“Thus, the front label’s ambiguity is resolved by reference to the back label: the ‘24H’ representation is unrelated to the product’s sun protection benefits, and consumers using the product as sunscreen should reapply the product at least every 2 hours,” the order stated.
Contrary to Judge Corley’s findings, the plaintiff’s amended complaint cites a survey in which 50 percent of consumers who were shown the products’ front and back labels remained “confused, deceived, or misled” into believing that their sunscreen benefits would last for more than two hours.
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Christian Dior, Inc. has been hit with a proposed class action lawsuit that claims the cosmetic company has misleadingly marketed certain products as offering 24-hour SPF protection.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
According to the 25-page lawsuit, the products—including Dior Forever Foundation and Dior Forever Skin Glow Foundation—are labeled with “24 HR” statements alongside claims about their apparent sun protection factor (SPF), such as “24H FOUNDATION … WITH SUNSCREEN” and “24H WEAR … FOUNDATION WITH SUNSCREEN.” These representations are misleading because studies show that SPF products can be effective for only up to two hours after application, the suit says.
Dior allegedly markets the products this way in order to exploit the public’s desire to protect their skin from UV damage, the complaint contends. The “misbranded” cosmetics simply “do not and cannot provide 24 hours of SPF protection as claimed,” the filing charges.
The products’ front-label statements, which read “24H FOUNDATION” with “24H WEAR,” are listed near messages such as “WITH SUNSCREEN,” “BROAD SPECTRUM SPF 15,” or “BROAD SPECTURM SPF 35,” the case shares. Reasonable consumers are led to believe that the products will fulfill Dior’s 24-hour promises, including the SPF protection, without the need to reapply, the lawsuit argues.
The Dior products at issue have a drug facts label on the back of their boxes that directs users to “reapply at least every 2 hours,” the complaint says. However, as these instructions only appear on the products’ boxes and not on the bottles themselves, the suit contests that most consumers will not see this message before throwing away the packaging. Further, consumers would not expect the small print on the boxes to contradict the SPF claims prominently displayed on the front label, the case adds.
Public awareness of the damaging effects of UV rays on skin is increasing, and studies show there is a growing demand for products that both perform their cosmetic function and provide SPF protection, the complaint relays.
Like other consumers, the plaintiff, a California resident who bought Dior Forever Foundation, believed based on the company’s representations that the product would provide coverage and SPF protection for the full 24 hours advertised, the filing says. The woman asserts that she would not have paid as much, or purchased the product at all, had she known it could only truly provide two hours of sun protection, the suit explains.
The lawsuit looks to represent anyone in the United States who, since January 27, 2019, purchased a Dior product that makes an SPF claim and a claim that the item will last longer than two hours, including Dior Forever Foundation and Dior Forever Skin Glow Foundation.
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Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
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