Lopez v. L'Oréal USA, Inc.

Lopez v. L'Oréal USA, Inc.

Opinion

OPINION & ORDER

ANDREW L. CARTER, JR., United States District Judge

Plaintiffs Rocio Lopez and Rachel Lumbra sue on behalf of a putative nationwide class and state subclasses of L'Oréal consumers. Plaintiffs also sue on behalf of respective statewide classes. They allege that L'Oréal materially misled its customers about the nature of the collagen ingredients in its anti-aging products. Plaintiffs assert that Defendant marketed these products as anti-aging because of the collagen ingredient when L'Oréal knew that the collagen in these products could not sufficiently penetrate the skin to produce the purportedly anti-aging effects. Defendant moved to dismiss plaintiff's Amended complaint.

BACKGROUND

At the center of this case is collagen, a coveted ingredient in many [*2]  a healthcare and self-care product. Amended Complaint ("Am. Compl.") ¶ 18, ECF No. 10. So coveted, in fact, demand for collagen is a billion-dollar market, which analysts expect to remain so in the near future. Id. ¶¶ 2, 18. Collagen is a protein molecule found in human connective tissue. Id. ¶15. Plaintiffs allege collagen is "one of the main building blocks for bones, skin, hair, muscles, tendons, and ligaments." Id. ¶ 3. Although the human body naturally produces collagen, like many things, this process slows as we age. Id. ¶¶ 4, 16-17. Decrease in collagen production "leads to a decline in the structural integrity of the skin, leading to the dehydration and thinning of the skin," resulting in wrinkles and sagging skin, two oft-maligned signs of aging. Id. ¶ 17.

In combating these conditions, consumers turn to skincare products promising "to replace the natural collagen organically lost by aging of the human body." Id. ¶ 5. Plaintiffs claim manufacturers seek to satisfy consumer demand by marketing collagen as a "beauty product ingredient" that can "improve the health and appearance of consumers skin." Id. ¶ 6. They allege that "topical collagen products are incapable of producing [*3]  these desired effects." Id. ¶¶ 20-21. Because "the molecules in topically-applied collagen are too large to fit through the uppermost layer of the skin." Id. ¶ 20. Plaintiffs state that native collagen has a molecular weight of 300kDa, rendering it too large to be absorbed by the epidermis. Id. ¶ 25.

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