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The cosmetic manufacturers get involved in a lot of mal-practices. The cosmetic settlement is done by the company that is facing a lawsuit for alleged malpractices and violation of the anti-trust laws. The medical devices used in cosmetic surgery has also come in for criticism. If the devices are not properly implanted, they could lead to a lot of problems. The law firms in the U.S. helps the consumers in filing a case against these cosmetic surgeons.
Cosmetic Settlement
The cosmetic settlement enables the manufacturers and the customers to avoid the risks and the costs of the trial. The settlement benefits both the customers as well as the cosmetic companies. The manufacturers are saved from the loss of reputation and the monetary loss whereas the customer gets a reprieve for the loss he undergoes.
The cosmetic companies have also become guarded and careful about the products they prescribe for usage. They have realized that the public reaction and the lawsuits could harm their reputation and business. Serious lawsuits could also force them to shut down the business.
It was once alleged that the cosmetic manufacturers conspired to fix and maintain the retail prices of their cosmetics. The defendants in this law suit were Estee lauder, L’ Oreal, Chanel, Christian Dior, Neiman Marcus, Nordstrom and Saks. The famous cosmetic company Estee Lauder denied the charges. But, the companies were not willing to take part in a costly legal battle. So, these
cosmetic companies decided to settle the lawsuit. They decided to part with $175million worth of products. The companies had also decided to set up websites for handling enquiries regarding the eligibility of the free products for the consumers. The defendants had also agreed to stop the malpractices of fixing or control the retail prices. This lawsuit took place in 2003. The consumers who had brought products from the company from may 29, 1994 to July 16, 2003 were eligible for these free cosmetics.
The consumers in California also filed a suit against the cosmetic manufacturers and departments for selling the ‘prestige’ beauty products at a high price. The cosmetic manufacturers did not want to engage in a lawsuit and they decided to settle the case out of court. The cosmetic manufacturers
have decided to give a free product to the any one who has purchased cosmetics from the company in the past 10 years. The free product would be worth from $18 to$25.
Cosmetic Lawsuit
The following factors could give way to the cosmetic lawsuits:
- False claims by the cosmetic companies of therapeutic benefits.
- Failure on the part of the company to incorporate proper wordings.
- Failure of the cosmetic company to warn the consumers of the hazardous chemicals
in the products.
- Inhuman testing of cosmetics on the animals.
- Misrepresentation of the facts by the cosmetic companies.
- The environmental hazards caused by the cosmetics.
There are many cosmetic companies which claim to provide therapeutic benefits. For example: Shampoos are cosmetics that have therapeutic benefits as they treat dandruff. The label of the cosmetic product should be thoroughly read before purchasing the product. If the cosmetics do not provide therapeutic benefits as they claim, a cosmetic lawsuit could be filed against them.
The products containing hazardous chemicals should also have appropriate wordings warning the consumers of the misuse and subsequent ill-effects. If the products do not contain the proper warnings, legal action could be sought against that company. If the wordings of the products are misleading, the consumers possess a right to file a cosmetic lawsuit against the company. The detergent bubble bath products and the hair dye products require specific wordings. The detergent bubble products require labels with specific wordings to instruct the users
not to use it if it causes irritation or an itching sensation. Depilatories and hair straighteners, nail builders and flammable products also require explicit warnings but not necessarily with the specific wordings. The shampoos could cause irritation to the eyes whereas the nail builders can cause inflammation and infection of the nail fold. The baby powders also need warnings as the baby could inhale the powder and suffer serious damages.
The cosmetic lawsuits could also be filed against companies that tests cosmetics on animals. The cosmetic surgeries are also very dangerous if not done by a qualified and an experienced surgeon. People turn towards cosmetic surgery in order to look better. But, these surgeries may have negative side effects and these people depend on lawsuits to obtain some form of compensation for their sufferings.
Misrepresentation of facts by the cosmetic companies could also lead to lawsuits. Physicians formula cosmetics inc, was a company that specialized in selling the cosmetics and skin care products. This company claimed that all its’ products were made in the United States. Later, it was proved that its’ products were made in the foreign countries. Thus, the Federal Trade Commission proposed
a settlement according to which the company would be banned from further misrepresenting the facts.
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