- ‘Cruelty-free’ consistently visible in marketing and labeling
- Class limited to California residents who purchased products
A lawsuit accusing John Paul Mitchell Systems of deceptively touting its hair care products as “cruelty-free” and not tested on animals will proceed as a class action.
Judge Vince Chhabria of the US District Court for the Northern District of California on Friday certified a class of all California residents who purchased John Paul Mitchell hair products between May 1, 2015 and January 1, 2020. But he declined the plaintiffs’ motion to certify a nationwide class of consumers, finding that there were material differences among various state laws.
The judge also denied John Paul Mitchell’s motion to exclude the plaintiff’s expert witness.
Lead plaintiff Randall Heagney alleged in his complaint that the company tested imports into China on animals under the Chinese government’s requirements. The suit alleged that the company wasn’t exempt from this requirement, making its claims about being cruelty-free misleading.
Chhabria previously rejected John Paul Mitchell’s motion to dismiss, finding that the consumers had plausibly alleged the company’s “cruelty-free” labeling and marketing was a viable breach of warranty claim.
Partially certifying the class, the judge said the company’s challenges to proceeding as a class fail because the company consistently made the product label visible, there was sufficient evidence that the statements were material, and the claim of “no animal testing” isn’t susceptible to different interpretations .
But Chhabria denied the plaintiffs’ leave to amend the complaint, finding that doing so would expand the scope of the case.
Heagney is represented by Hagens Berman Sobol Shapiro LLP. John Paul Mitchell is represented by Lavely & Singer and DTO Law.
The case is Heagney v. John Paul Mitchell Sys., N.D. Cal., No. 3:23-cv-00687, 6/27/25.
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