Shook Partners Madeleine McDonough, Jim Muehlberger and Jennifer Stevenson have authored a Who's Who Legal article detailing a rise in litigation against cosmetics companies. They credit a surfeit of U.S. Food and Drug Administration warning letters, increased consumer fraud litigation in other industries and perceived successes in cosmetics litigation for the consistently high number of complaints filed each year since 2012.
McDonough, Muehlberger and Stevenson provide guidance for companies facing cosmetics-related litigation. Providing refunds, removing lawsuits to federal court, narrowing the claims and challenging the plaintiff's standing are valuable tools for a defendant, they explain. The issues may fall under a federal agency's primary jurisdiction, they note, which can be grounds for dismissal. They also recommend putting considerable resources towards fighting class certification, whether through an early motion to strike or at the certification stage.