Athena Cosmetics Inc., the maker of RevitaLash eyelash and eyebrow serums, got some claims trimmed from a proposed class action alleging that it falsely advertises its products as safe and natural.
The US District Court for the Northern District of Illinois on Tuesday dismissed breach of warranty and negligence claims, but allowed consumer protection, fraud, and unjust warranty claims to proceed.
Named plaintiff Corrine Markoff alleged Athena markets the products as free from harmful substances, but that they contain dihydroxy difluoro ethylcloprostenolamide, a class of compounds used in prescription drugs. The US Food and Drug Administration has said that because ...
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