L’Oreal Buyers Ask 2nd Circ. To Revive Defective Pump Suit

Law360 (November 8, 2019, 1:09 PM EST) -- L'Oreal lotion buyers are asking the Second Circuit for another shot at a suit alleging the company sold products in defective pump bottles, saying the district court was mistaken in finding their claims were preempted by federal law.

In a 50-page brief filed Thursday, the proposed class, led by Mary Tullie Critcher, said the issue was not the statements on the labeling by L’Oreal USA Inc., but the pump itself, which it alleges was designed to leave as much as 57% of the lotion in a given bottle.

While the district court found in July that a reasonable customer would expect...

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