All information should be made clear when one is purchasing cosmetic/ beauty products. No one should manufacture or marker a substance whose labels or the advertising itself contains texts, pictures or any information intended to trick a consumer into buying the product.
Though brands spend a lot of money advertising with the mere hope of getting the product appealing to consumers, this sometimes leads to lawsuits when done incorrectly.
The fact is that it’s almost impossible to avoid misleading claims on beauty products. If you have relied on any false information and bought cosmetic products that later harmed you, you may have a claim.
Misleading Claims On Cosmetic Products
It is expected for manufacturers, sellers or anyone in the distribution chain to overhype their products in some situations. But, unfortunately, some take the exercise too far, causing harm to users.
The degree of harm may vary depending on the sensitivity of the information. But luckily, some organizations have taken the initiative of attempting to prevent consumers from buying cosmetics under false claims.
If you bought a cosmetic product that later harmed you, Counselor P.C could offer legal assistance to help you claim for damages suffered.
There are many misleading claims on cosmetic products. Some include:
- Clinically tested: Not every product that claims to have clinical trials undergoes such. There should be a body of evidence of any clinically tested product.
- Instance results: Some products claim to have instant results, but such may fade after a few days of application.
- Suitable for all skin types: Not all products favor all skin types. For instance, those who have hidden allergic reactions may be subjected to more harm than one with no skin reaction.
- Contains anti-aging qualities: Depending on the product, some give unrealistic issues about turning the clock backward
In many cases, it becomes hard to prove certain information may be misleading. For instance, if a marketer describes a product as mild, every consumer will have a different perception of how that means.
Whichever methods you may have relied upon that forced you to buy a cosmetic, you will probably need evidence to prove the texts or labels provided were misleading.
Cosmetic manufacturers or sellers exaggerate the capability of their products. When a product is presented in the best possible light and doesn’t deliver but causes more harm, the information may be misleading. To file a claim in such a circumstance, you will need to prove that an average consumer would not have thought of any information likely to mislead
Misleading claims may include images, testimonials from satisfied consumers. But essentially, the burden of proof is heavier on the advertisers.
Any cosmetic advertisement must have documentary evidence. This helps when there is any capability of objective substantiation.
If you bought a cosmetic product but later realized the seller exaggerated the information due to the harm it caused, you may have a claim. For such cases, it’s vital to seek a legal firm that has experience in dealing with deceptive advertising.
How To Claim Cosmetic False Advertising
Due to the high competition and having informed consumers who want the best, advertisers are prone to convey appealing information to influence consumers.
If you have relied on such information, a lawyer can help determine whether your cosmetic claims were misleading. A consumer who falls prey to any deceptive advertising may file a claim to recover damages.
There are always limits to what should be contained in labeling claims. Any information shouldn’t mislead. For instance, any cosmetic information deemed to treat, cure or improve appearance must meet the proper requirements.
Federal Trade Commission regulates cosmetic labeling claims as marketers are fond of going beyond what the law permits. As such, the marketer or advertiser faces the law even if they had or had no intentions to mislead consumers.
There are many ways to claim damages. Your lawyer can help you:
- Talk to the defendant on running the collect the information and complying with the mandatory law on cosmetics.
- Negotiate a settlement with the defendant.
- Bring a small claims court.
- Bring a civil lawsuit.
If multiple consumers relied on misleading information, they can file a class-action lawsuit.
For such claims, it’s always vital to know state laws concerning consumer protection.
While it’s possible to file a claim, it’s always vital to keep an eye on any possible misleading claim about cosmetic products. Some skincare damages can be for a lifetime and may lead to scarring.
Your lawyer will advise you on whether you will first file your case within the applicable government agency before it can be filed to the court. From then, your lawyer will decide whether you will file a claim and also determine how much your claim may be worth.
For a successful claim, you will receive your actual losses. Where the defendant acted in gross negligence, you will also receive punitive damages.