While beauty industry consumers are busy fighting against the natural effects of aging, some are also fighting the claims their skincare products make about having the ability to turn back the clock.
The case against Algenist was decided shortly after another
So, where do the lawsuits differ? The answer: collagen.
What is collagen, you ask? Collagen is a structural protein that occurs naturally in the human body, which is said to give the skin "a firm, plump, and youthful look," according to the plaintiff's complaint against Algenist. The popularity of collagen-based beauty products stems from their purported ability to combat the natural loss of collagen that occurs over time, which causes wrinkles and weakened joint cartilage. The plaintiff argued that Algenist's products were falsely advertised as containing "vegan collagen" providing "advanced anti-aging benefits," because collagen applied in a cream, she said, is comprised of molecules too large to penetrate the top layer of the skin and therefore cannot provide such benefits.
An article the plaintiff provided to support this argument, however, actually ended up undermining it. It explained that regardless of whether or not collagen can penetrate the skin, collagen is still "an effective moisturizer that can improve the appearance of lines and wrinkles." So, if moisturizing the skin can reduce the appearance of lines and wrinkles, and the reduction of lines and wrinkles are considered "anti-aging effects," do collagen's moisturizing benefits still constitute "anti-aging effects"? The court thought so. It found that Algenist's collagen products could perform as advertised, and that there was no actionable misrepresentation.
The court explains that this specific conclusion is consistent with that of the
In September,
On the one hand, the
As the Algenist decision explains, the differences in the outcomes of these two cases are due to the differences in the packaging of the products at issue.
Nguyen v. Algenist, 1:22-cv-00013, No. 35 (S.D.N.Y.
Lopez v.
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