A proposed class action alleges a number of Murad cosmetic products are unsafe for use in the eye area as intended.
The 35-page lawsuit in New York says that the following Murad products in particular are unsafe for use around the eyes given they contain color additives prohibited by the U.S. Food and Drug Administration (FDA) in the absence of special authorization from the agency:
Murad Retinol Youth Eye Serum;
Murad Retinol Youth Renewal Night Cream;
Murad Youth Renewal Serum;
Murad Nutrient-Charged Water Gel;
Murad Clarifying Water Gel; and
Murad Hydrating Toner.
According to the complaint, the color additives in the above-listed products include FD&C Red No. 4, D&C Red No. 33, and D&C Orange No. 4.
The lawsuit alleges Murad has “undertaken a deliberate and willful pattern of conduct (including taking active measures) aimed at deceiving consumers” into believing the eye-area cosmetics are safe for their intended purpose. The suit also argues that Murad “knew or should have known” that the products are unsafe to use around the eye area, yet failed to include a safety warning for buyers.
“Had Plaintiffs and Class members known the Affected Murad Products were unfit for their intended purpose, they would not have purchased Affected Murad Products or would have paid substantially less for them,” the complaint says.
One plaintiff, a New York resident, claims that her eyes became “red and irritated, developed discharge, and began to swell and tear” after using one of the products only once.
Overall, the suit contends that the affected Murad products are “adulterated” given they fall short of color additive requirements and are insufficiently labeled.
The lawsuit aims to cover all consumers who bought one or more of the Murad products listed on this page in the U.S. for personal and/or household use within any applicable statute of limitations period.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.