Avon Can’t Dismiss Animal Testing Claims in Class Action Lawsuit

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Avon Can’t Dismiss Animal Testing Claims in Class Action Lawsuit

By Sarah Pierce

UPDATE 9/5/13: Plaintiffs agree to drop class action lawsuit against Avon. The case continues against Estee Lauder and Mary Kay.

A federal judge has refused to throw out allegations in a potential class action lawsuit that Avon Products Inc. lied to customers that its products are “cruelty free,” saying plaintiffs sufficiently pled their causes of action that Avon fraudulently concealed that it tests on animals.

U.S. District Judge Cormac J. Carney denied Avon’s motion to dismiss two new plaintiffs and their claims of fraud and unfair competition in an amended class action lawsuit filed in October. He also denied Avon’s motion to strike the complaint’s class allegations.

The original Avon animal testing class action lawsuit was filed in March 2012 by five women who allege Avon and cosmetic companies Estee Lauder and Mary Kay defrauded American consumers by claiming they don’t test their products on animals even though they do for cosmetics sold in other countries.

“For years, Defendants marketed and advertised their companies and their cosmetic products as not being tested on animals, when in fact Defendants were testing their cosmetic products on animals so that they could sell products in China and other foreign countries, thereby reaping hundreds of millions of dollars in sales. Defendants later purported to disclose, at least on their websites, that they in fact were animal testing, but the disclosures were wholly inadequate and deceptive,” the cosmetic animal testing class action lawsuit states.

This 20-year deception earned Avon, Estee Lauder and Mary Kay a spot on PETA’s coveted “Do Not Test” list, which indicates which companies do not test products on live animals. Estee Lauder, Avon and Mary Kay were, until recently, among the largest mainstream corporations to be included on PETA’s cruelty-free lists.

“As a result of being included on the list, as well as many similar lists, defendants enjoyed the support of PETA and millions of consumers who buy cosmetics only from companies that do not conduct animal testing,” the class action lawsuit says. “Hence, the commercial success of defendants’ products during the class period was positively influenced by their direct representations regarding animal testing. Simply put, defendants reaped hundreds of millions of dollars in revenue from U.S. consumers who otherwise would not have purchased defendants’ products.”

A third amended class action lawsuit filed in October added two new named plaintiffs that are alleging claims of fraud and violations of California’s Unfair Competition Law and Consumer Legal Remedies Act. The Plaintiffs allege that Avon is required to disclose its animal testing practices.

In October, Avon moved to dismiss the amended complaint and strike the class allegations, saying it is required to disclose only safety-related issues and that a nationwide class can’t be certified based on alleged violations of California’s consumer protection laws.

Judge Carney denied their motion, saying the plaintiffs sufficiently pled their causes of action by claiming Avon intentionally hid its animal testing practices to increase profits. The judge also ruled it is too early to decide the issue of class certification.

The Avon animal testing class action lawsuit is seeking more than $100 million in damages and a court order banning Avon from testing on animals.

The case is Marina Beltran et al. v. Avon Products Inc., Case No. 12-cv-02502, U.S. District Court for the Central District of California, Southern Division. Plaintiffs are represented by Michael J. Avenatti and Scott H. Sims of Eagan Avenatti LLP and Filippo Marchino and Damon Rogers of the X-Law Group PC.

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