Proactiv Class Action Lawsuit
Proactiv Class Action Settlement
On June 9, 2021 the plaintiff’s attorney filed a class action lawsuit against defendant Kerastase defendant. According to the complaint, Kerastase defendant marketed Proactiv skin whitening products to consumers without providing any evidence that such products are effective or safe. The complaint further alleged that defendant failed to disclose the composition of Proactiv and that a significant number of consumers purchased the product without ever finding out that it contains known allergens. In addition, according to the complaint, Kerastase defendant provided consumers with an incorrect price for the product as well as a list of all ingredients in the product. Plaintiffs further alleged that defendant did not properly warn consumers that the product contains acrylamide and hydroquinone.
Proactiv Class Action Lawsuit
On July 9, the plaintiffs filed a class action lawsuit against defendant Kerastase defendant in Federal Court. On the same day the complaint was filed, plaintiffs filed their second claim form in this case. On July 10, the court granted the plaintiffs’ motion to consolidate the complaint and set a new trial date. On July 12, the court granted the plaintiffs’ request for additional discovery and set a final hearing to determine whether the defendants violated the Safe Drinking Water Act.
Plaintiffs contend that the defendants violated the Act by failing to obtain signed consent prior to submitting Proactiv to consumers for skin whitening purposes.
The complaint further contends that the defendants’ failure to obtain signed consent violates the Class Action Law. If either party is found liable, that party will be required to pay monetary damages. If either party prevails in the underlying lawsuit and is found not liable, then the parties must negotiate an accord in which each agrees to settle individually and jointly, if appropriate, among themselves, and the court will issue an order granting the class action lawsuit plaintiffs’ additional time to complete their class action lawsuit.
According to the FDA, both companies have implemented measures to ensure compliance with the Safe Drinking Water Act
. At present, both companies must demonstrate to the FDA that they “actively” promote the provision of safe drinking water and “actively” provide consumers with information about the existence and effects of certain ingredients in their products. Both companies also must notify the FDA within forty-five days of any event that results in the cessation or elimination of their product from the market. In addition, neither company is required to seek renewals for either its national or state water treatment programs.
The FDA has determined that it is likely that both defendants knew of the presence of alachloro acetonitrile in Proactiv and Aquasana prior to permitting the product to be sold in the United States.
The evidence shows that the company’s own warnings regarding the presence of this chemical in its cleansers and shampoos were incomplete and therefore fell short of liability. The company is also responsible for continuing to monitor its product’s safety while allowing consumers to purchase it without any awareness of the risks inherent in its use. For these reasons, the FDA has concluded that granting Class Action status to this lawsuit would be in the best interests of justice for all of the plaintiffs in this case.
Plaintiffs who wish to join this Class Action lawsuit are urged to visit the FDA’s website and obtain a copy of the” Enforcement Guideline on Automatic Renewal of Facial Cleansers and Soaps,” which details the most commonly occurring formula for approval. Once class members have access to this document, they should compare that formula with the one contained in either the bottle of Proactiv or Aquasana and determine which product falls short of the FDA’s requirements for approval. If it is not possible to determine which product the original plaintiff-class members used to make their initial purchase of cleansers and soaps containing alachloro acetonitrile, the plaintiffs should contact the original company and ask that they be allowed to join the class action lawsuit as members.
On July 5th, the parties entered into a Class Action lawsuit against Proactiv, Aquasana, and three other companies that sell cleansers and anti-aging products containing acetonitrile; each of which is responsible for the cancer-causing toxins they released into the environment when producing their products.
The Class Action lawsuit requires the companies to develop an unconditional voluntary agreement that allows consumers to continue using their products without any additional payments during the Class Action lawsuit process. Once such an agreement has been reached, then plaintiffs must submit a request for automatic renewal to the courts. This request will allow the Class Action lawsuit to continue moving forward at the expense of allowing the companies to withhold profits until the outcome of the lawsuit is complete.
Upon receiving the request for automatic renewal, the companies will need to decide whether or not they believe their conduct during the time frame prior to the filing of the complaint and/or the approval of the complaint and automatic renewal lawsuit is in their best interests. If the courts find in their favor, the plaintiffs will be entitled to a percentage of the original purchase price of each product they purchased from the defendant during the Class Action settlement. The Proactiv Company is also liable for damages incurred by any of its Class Members who sustained injuries as a result of the Proactiv product or because of its defective composition. Each of the Class Members who has sustained injury may also recover compensation from the estate of the deceased Class Member. The total compensation sought by the Class Action lawsuit is actually much more than the actual monetary gain realized from the Proactiv Class Action Settlement because it requires the courts to compensate for the damage done to the economic well-being of the economy as a whole.