THE WHAT? District Judge Lashonda Hunt has ruled on the viability of a class action lawsuit launched against Elf Cosmetics in the District Court for the Northern District of Illinois Eastern Division, which alleges that the US beauty brand has violated the state’s Biometric Information Privacy Act via its Virtual Try-On tool.
THE DETAILS Elf’s motion to dismiss the plaintiff’s complaint in favor of arbitration, or in the alternative, for failure to state a claim has been granted in part and denied in part. The defendant’s attempt to compel arbitration was denied; count I may proceed along with the plaintiff’s request for heightened damages. However, Counts II and III have been dismissed for lack of standing.
THE WHY? The court found that, while the section 15(a) and (c) claims could be dismissed without prejudice, the claim under section 15(b) and claim for heightened damages would not be dismissed at this junction as the plaintiff adequately pled that the defendant collected, captured or otherwise obtained plaintiffs’ face geometry through its Virtual Try-On feature.
Clinical aesthetics products refer to a category of products used in the field of medical aesthetics or cosmetic dermatology. These products are typically designed and formulated to be used under the supervision of healthcare professionals, such as dermatologists, plastic surgeons, or trained aestheticians. They are distinct from over-the-counter cosmetics in that they often contain active ingredients or formulations that require expertise in their application or administration.
Examples of clinical aesthetics products include:
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Dermal Fillers: Injectable substances used to add volume, smooth wrinkles, and enhance facial contours. Examples include hyaluronic acid fillers like Juvederm and Restylane.
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Botulinum Toxin (Botox): Injectables that temporarily paralyze facial muscles to reduce the appearance of wrinkles caused by repetitive movements, such as frown lines and crow's feet.
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Chemical Peels: Solutions applied to the skin to exfoliate and improve its texture. They can treat acne, pigmentation issues, and signs of aging.
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Laser and Light Therapies: Devices that emit focused light or laser energy to treat various skin conditions, including acne, scars, and signs of aging.
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Prescription Skincare Products: Formulations containing active ingredients like retinoids (vitamin A derivatives), hydroquinone, or prescription-strength antioxidants to address specific skin concerns under medical supervision.
