You may find Younique's legal arguments interesting.
As you may know, Younique is being sued in a class action for false advertising of its 3D Moodstruck fiberlash mascara. Turns out, it never contained "green tea" and was never "all natural."
They still charged folks $29 per unit.
Quick background (from the Google): in a typical lawsuit, there is one plaintiff who has been injured by one or more defendants. the amount of damages that the plaintiff has suffered may justify the high cost of litigation.
In class action lawsuits, the individual value of damages may not be as significant. For example, consumers may have been wrongly charged a fee or may be unhappy with a product or service. However, many individuals may have the same type of legal problem as one another. Filing separate lawsuits would be expensive and time-consuming.
Class action lawsuits allow these plaintiffs to band together and form a united front. the case may be able to proceed as a class action lawsuit in which a judgment can benefit all of the plaintiffs who split the proceeds.
Anyhow, the Judge "certified the class" against Younique - and then ordered that its customers be notified they have a potential claim against Younique. Not surprisingly, Younique went ape *** they have filed an emergency appeal to the Ninth Circuit, saying the Judge made a "manifest error" in certifying the class of customers against Younique.
Their main argument?
"It is precisely because the district court focused on the representation being available - and not whether the class members were 'actually exposed' to it before the purchase - that shows the district court committed manifest error in certifying the class."
Translation: "yeah, we lied our *** off. made hundreds of millions. but not everyone read the *** label prior to buying."
Product or Service Mentioned: Younique Moodstruck 3d Fiber Lashes Mascara.
Reason of review: false advertising.
Monetary Loss: $999999.
Preferred solution: payback all customers who purchased the 3D Moodstruck mascara.
I didn't like: False advertising, Defective products, Class action, Consumer fraud.