Fresh Sugar Lip Products Are Falsely Advertised, Class Action Lawsuit Charges

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Fresh, Inc. has been hit with a proposed class action lawsuit that claims the beauty company’s Fresh Sugar lip products are falsely advertised, given that the items, unbeknownst to consumers, do not contain sugar.

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The 30-page class action lawsuit avers that, although Fresh extensively markets its Fresh Sugar lip products as containing and/or “infused with” real sugar, these claims are “false and deceptive” and intended to mislead consumers into paying a premium price.

Sugar is a desirable ingredient in beauty products due to its properties as a humectant and a natural exfoliator, the case explains. Per the suit, “[t]he simple carbohydrate we all know and love” is also a natural source of glycolic acid, which can encourage cell turnover and regeneration. As such, the lawsuit says, consumers are willing to pay a premium for a product containing sugar.

The filing argues that a reasonable consumer would look at the “SUGAR” representations on the labels of Fresh Sugar lip products and believe the items contain real sugar. The suit further contends that consumers are “exposed to a pervasive marketing and advertising campaign that consistently reinforces the unifying message that the products contain sugar, thereby amplifying and furthering the deception.”

Per the complaint, Fresh intentionally emphasizes the presence of sugar in its lip products; product descriptions contain key phrases such as “powered by sugar from beet root and sugar cane” or “infused with sugar.”

Moreover, the case says that marketing for Fresh Sugar lip products typically shows images of crystallized sugar, “directly associating the beneficial skincare effects of sugar.”

The class action lawsuit alleges that consumers are willing to pay more for Fresh Sugar lip products because of the deceptive marketing at issue. Had consumers known that the products do not actually contain sugar, they would not be willing to pay as much for them or purchase them at all, the complaint contends.

The Fresh products at issue in the lawsuit include, but are not limited to, Fresh Sugar Lip Balm, Sugar Tinted Lip Balm in all colors, Fresh Sugar Lip Treatment SPF 15, Sugar Advanced Therapy Lip Treatment, and Sugar Advanced Therapy Lip Rescue Ointment.

Notably, the class action lawsuit states that “[Fresh] itself sells other Fresh brand products bearing the claim 'SUGAR' on the front label, but which do contain sugar,” such as facial scrubs and treatments. The suit argues that Fresh “clearly” could have easily added sugar to any products bearing the “SUGAR” claim.

The Fresh Sugar class action lawsuit seeks to represent all residents of the United States who purchased any of the Fresh Sugar products at issue within the applicable statute of limitations period.

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