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Tomasino v. Estee Lauder Cos.

United States District Court for the Eastern District of New York

August 26, 2014, Decided; August 26, 2014, Filed

13-CV-4692 (ERK) (JMA)




On October 15, 2013, plaintiff Donna Tomasino ("Tomasino"), on behalf of herself and all others similarly situated, filed an Amended Complaint seeking damages and injunctive relief against The Estee Lauder Companies Inc., Estee Laboratories, LLC, and Estee Lauder Inc. (collectively "Estee Lauder") alleging five causes of action: (1) violation of Section 349 of the New York General Business Law; (2) violation of Section 350 of the New York General Business Law; (3) breach of an express warranty; (4) breach of the implied warranty of merchantability; and (5) unjust enrichment. The allegations [**2]  in the Amended Complaint arise from Estee Lauder's marketing of five cosmetic products from its Advanced Night Repair ("ANR") Collection. Estee Lauder has moved pursuant to Fed. R. Civ. P. 12(b)(1) to dismiss the claims for injunctive relief, and Fed. R. Civ. P. 12(b)(6)  [*254]  to dismiss the Amended Complaint in its entirety.


Tomasino is a citizen and resident of New York. Am Compl. para. 19. She commenced this action on behalf of a "nationwide consumer class" and a "New York Subclass." Am. Compl. 84-85. Tomasino asserts that the precise number and identities of the class members are currently unknown and "will be determined though discovery," but that "each of these classes number in the tens of thousands," Am. Compl. para. 86, and that the "aggregate amount in controversy exceeds $5 million," Am. Compl. para. 26. The Estee Lauder Companies Inc. and Estee Lauder Inc. are corporations organized under Delaware law, and each has its principal place of business in New York. Am. Compl. para. 23, 25. Estee Laboratories, LLC is a Delaware limited liability company. Am. Compl. para. 24.

Tomasino alleges that "in or about 2010" she purchased two cosmetics products from Estee Lauder's ANR Collection—ANR Synchronized Recovery Complex and ANR [**3]  Eye Synchronized Complex1—at a Macy's department store in Staten Island. Am. Compl. para. 19, 21. She claims that she purchased the ANR products in reliance on "efficacy claims" that she saw in magazine advertisements and at the point of sale. Am. Compl. para. 20-21. Specifically, Tomasino alleges that the defendants misrepresented that the ANR products have "certain age-negating effects on the human skin." Am. Compl. para. 2. The plaintiff included multiple screen shots of Estee Lauder advertisements in the Amended Complaint. As relevant to plaintiff's allegations, the included images make the following representations about the ANR products:

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44 F. Supp. 3d 251 *; 2014 U.S. Dist. LEXIS 119747 **; 84 U.C.C. Rep. Serv. 2d (Callaghan) 478


Subsequent History: As Corrected September 2, 2014. As Corrected September 16, 2014.

Motion denied by, Motion denied by, Without prejudice Tomasino v. Estee Lauder Cos., 2015 U.S. Dist. LEXIS 38918 (E.D.N.Y., Mar. 26, 2015)

Motion granted by, Dismissed by, in part Tomasino v. Estee Lauder Cos., 2015 U.S. Dist. LEXIS 103991 (E.D.N.Y., Aug. 7, 2015)


products, misleading, patent, repair, advertising, skin, alleges, notice, breach of warranty, efficacy, Synchronized, warranty, defendants', wrinkles, effects, tests, alleged breach, promises, lines, injunctive relief, plaintiff's claim, unjust enrichment, ingredients, deceptive, consumer, dramatic, damages, visible, motion to dismiss, implied warranty

Constitutional Law, Case or Controversy, Standing, Elements, Civil Procedure, Class Actions, Class Members, Named Members, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Antitrust & Trade Law, Consumer Protection, Deceptive & Unfair Trade Practices, State Regulation, False Advertising, Pleadings, Heightened Pleading Requirements, Fraud Claims, Complaints, Requirements for Complaint, Governments, Legislation, Statute of Limitations, Time Limitations, Pleadings & Proof, Patent Law, Infringement Actions, Defenses, Marking, Commercial Law (UCC), Breach, Excuse & Repudiation, Notice Requirements, Notice of Breach, Trials, Jury Trials, Province of Court & Jury, Business & Corporate Compliance, Contract Conditions & Provisions, Implied Warranties, Merchantability, Contracts Law, Types of Contracts, Quasi Contracts, Contracts Law, Remedies, Equitable Relief, Quantum Meruit