Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Richardson v. L'Oreal class action settlement

| No Comments

"If you live in the United States and have purchased a Matrix®, Kérastase®, Redken®, and Pureology® product for in-home use on or after August 30, 2008, you are a member of this Settlement Class and this Notice applies to you."

Putative class-action plaintiffs protest that L'Oreal "professional hair care products were falsely and misleadingly labeled, marketed and advertised as "for sale only in professional beauty salons," "exclusive salon distribution," "Exclusive to Kérastase Consultant Salons," and "Available Only at Fine Salons & Spas" (collectively, "salon-only"), when consumers can purchase these products in major retail outlets throughout the United States where professional salon services are not available." It's hard to imagine how named plaintiff Nancie Ligon, who purchased her L'Oreal hair-care product at a Big Kmart Store in Petaluma, California, was possibly injured: after all, isn't the very presence of L'Oreal in a Big Kmart a telling indicator that "for sale only in professional beauty salons" is puffery?

Never you mind. The parties decided that they wanted to settle, but didn't want to settle in the Northern District of California where Ligon had filed her complaint, and forum-shopped a new post-settlement complaint in the District of Columbia. The settlement is reminiscent of Pampers: nothing for the supposedly-injured class, meaningless label changes in the US so future L'Oreal purchasers won't mistakenly think they're in a "fine salon" when they buy L'Oreal at Kmart, and just shy of a million dollars for the attorneys. The six representative plaintiffs—five of whom didn't join the case until it had already settled—get $1,000 each.

Class members can't opt out: the settlement is under Rule 23(b)(2). The case is Richardson et al. v. L'Oréal USA, Inc., No. 13-CV-508 (D.D.C.).

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.