in Newswire Published on September 15, 2022

ColourPop Eyeshadow, Eyeliner Not Safe for Use Around the Eyes, Class Action Alleges

Wilson v. ColourPop Cosmetics, LLC

Filed: September 12, 2022 ◆§ 4:22-cv-05198

A class action alleges ColourPop Cosmetics eyeshadow palettes and eyeliners are “adulterated” and unlawful to sell since they contain certain color additives that are unsafe.

Defendant(s)

ColourPop Cosmetics, LLC

Law(s)

California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act Song-Beverly Consumer Warranty Act

State(s)

California

A proposed class action alleges ColourPop Cosmetics eyeshadow palettes and eyeliners are “adulterated” and thus unlawful to sell since they contain certain color additives that are unsafe for use around the eye area.

The 32-page complaint alleges the ColourPop products at issue, including the company’s shadow palettes, pigment palettes, and pressed powder palettes, are “inherently dangerous” given they contain color additives the Food and Drug Administration has made clear should not be used around the eyes.

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Per the suit, the presence of the harmful ingredients renders the ColourPop eyeshadow palettes and eyeliners unsafe, adulterated and misbranded under the Federal Food, Drug, and Cosmetic Act (FDCA). Accordingly, it is unlawful for ColourPop to advertise, promote, market, or sell the eye makeup, the filing says.

“Defendant markets ColourPop Eye Makeup for a purpose (cosmetic application around the eye area) for which it cannot be used for [sic] both legally and because such use is inherently dangerous,” the lawsuit reads. “The Products cannot be used for their principal intended purpose. The Products are thus worthless by virtue of the Defect.”

According to the lawsuit, ColourPop has deliberately and willfully deceived consumers into believing its eye makeup is safe for its intended use. The suit charges that ColourPop knew that the products were unsafe for use around the eyes but nevertheless marketed the items as safe “without warning consumers of the known dangers.”

There are more than 100 variations of ColourPop eyeshadow palettes, which range in price from roughly $10 to nearly $40, the filing states. Each product contains between four and 35 distinct colors or shades, the suit relays.

The use of color additives is “tightly regulate[d]” by both the FDA and California Health & Safety Code, the complaint says, and the FDA states online that if a product contains a color additive, it must be approved by the agency. Moreover, a color additive may be safe for use in one product, such as lipstick, while still considered unsafe for use in another, such as eyeshadow, the case adds.

According to the complaint, the FDA does not allow the following color additives to be included in products intended for use around the eye area:

FD&C Red No. 4;
D&C Red No. 6, 7, 17, 21, 22, 27, 28, 30, 31, 33, 34, 36;
D&C Violet No. 2;
Ext. D&C Violet No. 2;
FD&C Yellow No. 6;
D&C Yellow No. 7, 8, 10, 11;
Ext. D&C Yellow No. 7;
D&C Orange No. 4, 5, 10, 11;
D&C Green No. 6, 8;
FD&C Green No. 3;
D&C Brown No. 1; and
D&C Blue No. 4.

Lastly, the lawsuit contends that any disclaimer language used by ColourPop falls short of adequately informing consumers of the risks of using its eye makeup around the eyes in that it “does not assist the consumer in understanding the danger,” and is likely to be missed or overlooked. Crucially, ColourPop’s disclaimer “does not actually instruct consumers to not use the product in the eye area,” and does nothing to suggest any danger exists, the suit says.

The case looks to cover all United States residents who bought ColourPop eye makeup containing any of the ingredients listed on this page during the maximum period allowed by law.

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