Beekman 1802 ‘Probiotic’ Skincare Products Are Falsely Advertised, Class Action Alleges [UPDATE]

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A proposed class action alleges a number of Beekman 1802 “probiotic” skincare products are falsely advertised given the items, in truth, contain no live biotics, and the preservatives used by the company would render any meaningful amount of probiotic cultures “inert and therefore useless.”

The 23-page lawsuit states that consumers desire probiotic skincare products due in part to their effectiveness at reducing acne, rosacea, eczema and other skin ailments. The complaint contends that despite Beekman 1802’s representations that the following products are “probiotic,” they do not contain live microbial strains capable of preserving the skin’s microbiological balance: 

• Beekman Bloom Cream Daily Probiotic Moisturizer;
• Beekman Probiotic Skincare Starter Kit;
• Beekman Milk Drops Probiotic Ceramide Serum;
• Beekman Milk Bar Probiotic Facial Cleansing Bar; and
• Beekman Dewy Kiss Probiotic Lip Serum. 

Contrary to the company’s marketing claims, the above-listed products cannot contain active probiotics due to the use of preservatives intended to prevent or decrease microbial growth, the suit asserts. Moreover, the microbial-derived raw ingredients in the Beekman 1802 products are manufactured by companies that render the live organisms dead before they are sold to and used by cosmetics retailers such as the defendant, according to the complaint. 

More specifically, the lawsuit states that skincare products that contain “probiotics” are often formulated with preservatives and heat-treated probiotics. The heat-treating process, called tyndallization, intentionally kills the microorganisms, and preservatives make a product inhospitable to the live cultures, according to the case. 

“As a result,” the lawsuit says, “skincare products, like the [Beekman 1802] Probiotic Products, cannot provide any of the promised benefits of a live microbe because the active ingredient, one or more probiotic organisms, has been rendered inert and therefore cannot provide any of the purported health benefits.”

The preservatives found in the Beekman 1802 products at issue include caprylic/capric triglyceride, glycerin, ethylhexylglycerin, citric acid, sodium benzoate, and sodium chloride, the lawsuit relays. 

According to the suit, Beekman 1802 knew that the products did not contain live probiotics yet chose to represent that they did because “they did not believe their customers would know the difference,” or because the removal of the word “probiotics” from the labels would render the items “far less likely to compel consumer purchase.” 

The case looks to represent all consumers who bought any of the Beekman 1802 probiotic products listed on this page that were advertised as containing “probiotics” during the applicable statute of limitations period.

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