By Jonathan Stempel
NEW YORK, Sept 21 (Reuters) - Maybelline should blush, and
pay up, for overstating how long it takes a popular brand of
lipstick and lip gloss to wear off, according to a lawsuit filed
on Friday.
Three women sued the cosmetics maker saying its Super Stay
14HR Lipstick and Super Stay 10HR Stain Gloss wear off and fade
after only a few hours.
Carol Leebove, Wanda Santa and Denise Santiago accused the
unit of L'Oreal SA of falsely advertising the staying power of
both products, which sell for about $9.
According to a complaint filed in the U.S. District Court in
Manhattan, Maybelline misled consumers by claiming that the lip
gloss "stays vibrant and shiny, yet transparent, and won't fade"
for 10 hours, and that the lipstick has "super staying power."
Rebecca Caruso, a spokeswoman for L'Oreal USA, said the
company has not been served with the complaint, and does not
discuss ongoing litigation.
The lawsuit alleges breach of warranty and violations of
state consumer protection laws. It seeks class-action status,
compensatory and triple damages, and other relief.
Leebove lives in West Bloomfield, Michigan; Santa in Jackson
Heights, New York, and Santiago in Cliffside Park, New Jersey,
according to court papers. Their lawyers did not immediately
respond to requests for comment.
Maybelline is based in New York, and L'Oreal in Clichy,
France, a suburb of Paris.
The case is Leebove et al v. Maybelline LLC, U.S. District
Court, Southern District of New York, No. 12-07146.
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