A pricey anti-aging cream has landed buzzy skincare company Sunday Riley on the opposite end of class action lawsuit. According to a complaint filed in a New York federal court by plaintiffs Helena Armstrong and Lynn Moore, Houston, Texas-based Sunday Riley is on the hook for marketing its non-FDA approved $125 Bionic Anti-Aging Cream as providing anti-aging benefits, when no such benefits actually abound.
The plaintiffs allege that Sunday Riley’s claims that its Bionic Anti-Aging Cream is an effective drug-like product for fighting wrinkles and other signs of aging are “false and misleading” because there is nothing in the anti-aging cream that is effective in causing physiological changes to the structure and function of the skin and thereby preventing, repairing or reversing the effects of aging.
In particular, they point to Sunday Riley’s claims that its “Bionic [Anti-Aging Cream] is the ‘multi-vitamin’ of anti-aging creams, combatting every anti-aging concern and cause of aging…loaded with active ingredients that help to extend the lifespan of your skin.”
However, “Like a modern-day snake oil salesman, Sunday Riley … preys on consumers’ fundamental fear of aging by marketing the [cream] as if it were an FDA-approved drug that could change the physical structure and function of skin itself,” the plaintiffs state in their complaint. Moreover, they allege that “the product was not approved by the FDA to be marketed as a drug, because it is not a functioning drug.”
Armstrong and Moore have asked the court to certify their proposed class action lawsuit in order to enable consumers in New York and California who purchased the anti-aging cream to join the lawsuit and share in the ultimate monetary settlement.
* The case is Armstrong v. Sunday Riley, Case No. 1:16-cv-09329 (SDNY).