The marketers and distributors of a facial cream that was touted as a “miracle” wrinkle reducer were recently named in a putative class action lawsuit filed in New Jersey Federal Court. According to the lawsuit, there is a dearth of scientific or medical support for the claim that the facial cream actually reduces wrinkles. However, according to the lawsuit, the marketers and distributors of the facial cream regularly promoted it as a “miracle” or “breakthrough” product for reducing wrinkles. Moreover, the plaintiff in the class action lawsuit contends the facial cream was packaged in such a way to make it appear similar to a prescription product. The plaintiffs in the class action lawsuit are seeking to recover damages between $15.5 and $30 million dollars from the marketers and distributors of the facial cream.
The class action lawsuit filed against the marketers and distributors of the facial cream is yet another example of the dangers posed by making false or misleading claims about a product to consumers. While marketers regularly boast about the benefits of their product, they must be careful not to cross the proverbial line and make either false or misleading claims to consumers about the product. If such false or misleading claims are made to consumers, there are a bevy of attorneys who are waiting and willing to pursue a class action lawsuit similar to this one. In order to avoid becoming ensnared in a class action lawsuit filed on behalf of allegedly mislead consumers, a company must be vigilant to ensure the information in its advertising campaign is both truthful and accurate.