Sephora Disputes "Misleading" Allegations In Clean Beauty Class Action Lawsuit

• Jurisdiction: United States,Federal
• Law Firm: Duane Morris LLP
• Subject Matter: Consumer Protection, Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Class Actions, Advertising, Marketing & Branding, Dodd-Frank, Consumer Protection Act
• Author: Ms Kelly A. Bonner and Ethan R. Feldman
• Published date: 13 March 2023

Introduction

On March 2, 2023, Sephora filed its reply in support of its motion to dismiss proposed class action claims that its "Clean at Sephora" program was false and misleading, disputing allegations that a significant portion of relevant, reasonable consumers were or could be misled about what 'Clean at Sephora' means, and that the ingredients permitted by Sephora's program were potentially harmful to humans.

Sephora's reply (presumably) concludes preliminary briefing in what has become a closely-watched lawsuit in the beauty and wellness industry over the meaning of the term "clean beauty."¹ Absent clear regulatory guidance from the FDA and the FTC, companies' claims involving the terms "clean," "natural," "nontoxic," or "organic" have been scrutinized in social media, and by an increasingly active and organized plaintiffs' bar.

While it remains to be seen how the court will decide the "Clean at Sephora" case, companies should continue expect more litigation in this area, as what it means for beauty products to be clean, natural, nontoxic, or safe, remains the subject of intense debate.

Case Background

As explained in our previous publications (here, here, and here), the market for clean beauty is expected to reach an estimated $11.6 billion by 2027.² But absent clear regulatory guidance about what it means for beauty products to be "clean," "natural," "nontoxic," or "safe, promoting products as "clean" can carry significant regulatory risks, and leaves the industry ripe for class action litigation.

Sephora launched its "Clean at Sephora" program in 2018.³ To qualify for inclusion in the program, which spans across various product categories, products must be formulated without certain common cosmetic ingredients'such as parabens, sulfates SLS and SLES, phthalates, formaldehyde and more'that are linked to possible human health concerns.⁴

On November 22, 2023, Plaintiff Lindsay Finster filed a proposed class action lawsuit in the U.S. District Court for the Northern District of New York, alleging that products advertised as part of the "Clean at Sephora" program contain ingredients that are "inconsistent with how consumers understand" the term "clean."⁵

According to plaintiff, consumers understand the definition of "clean" beauty to mean the dictionary's definition of "clean": "free from impurities, or unnecessary and harmful components, and pure."⁶ Thus, to be considered "clean" in the context of beauty, plaintiff alleged that products should be...