A Long Island
woman has smacked a popular lip balm company with a class action
lawsuit alleging its product turned her smile into a collection of sores
and blisters.
Nicole Emily Caggiano
says that she suffered a series of ugly two-week reactions to the balm
from EOS last year, before she realized how the egg-shaped product was
affecting her.
Her lawyers at Geragos & Geragos said that the company failed to
disclose that some ingredients could cause problems including dryness,
bleeding, blistering, cracking and loss of pigmentation for some users
looking to moisturize their lips.
Caggiano’s legal move follows another suit from the prominent class
action firm filed last week in California after a plaintiff named Rachel
Cronin shared her story on Facebook and was followed by a flurry of
others’ horror stories.
After that filing EOS, which stands of evolution of smooth, said that
“We wanted to be sure that you, our valued customers and fans, know that
the health and well-being of our customers is our top priority.”
“Our products are safe to use, are made with the highest quality
ingredients and they all meet or exceed all safety and quality standards
set out by our industry,’ it said, adding that the lawsuit did not have
merit.
However, Caggiano’s filing believes that the company will end up paying
out more than $5 million to her and her fellow plaintiffs for breach of
warranty and deceptive advertizing.
“Behind the smoke-and-mirrors, EOS is anything but smooth,” the complaint says.
The Holtsville resident used the Vanilla Mint and Sweet Mint flavors,
and said that the blisters they caused embarassed her at her sister’s
wedding last spring.
The Blackberry Nectar, Coconut Milk, Strawberry Sorbet, Blueberry Acai,
Pomegranate Raspberry, Summer Fruit, Honeysuckle Honeydew, Lemon Drop,
and Medicated Tangerine are also named in the suit.
Caggiano also pointed a finger at the lip balm’s advertizing, arguing
that the company trotting out its star-studded stable of supporters
encourages customers to use the skin product as a daily necessity.
EOS has encouraged all those who experience problems with the balm to contact them at info@evolutionofsmooth.com
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