Is Ulta Repackaging and Reselling Used Makeup to Consumers? A New Lawsuit Says Yes

A new lawsuit filed in Chicago last week alleges that beauty giant Ulta has been repackaging and reselling used makeup to its unsuspecting customers for years.

Attorney Zimmerman represents Meghan Devries, a Chicago woman who works in the beauty industry. She became suspicious about some of the products she purchased from Ulta.  A woman claiming to be a former Ulta employee first brought the allegations to light in early January. Posting under the Twitter handle @fatinamxo, she wrote that whenever a customer returned a product, employees were instructed by Ulta to repackage or reseal the item and put it back on the shelf for sale. This practice, she said, included everything from makeup to hair and skin-care products, fragrances and hair styling tools.

She said that makeup palettes, for example, were cleaned up so that they looked new and returned to the shelf for reselling, unsanitized. She then shared screenshots of other Ulta employees making the same claims. Those tweets were cited in the class action complaint (pdf) Zimmerman filed in Cook County, Ill., last week. The suit also cites the claims of former employees that Ulta has a limit on how many returned items can be thrown away. “Managers will take used products out of a damaged bin, and if they look good enough to resell, they’ll put them back on the shelves and resell them so they don’t exceed their quota,” Zimmerman told ABC7.

He said that some of the products purchased from an Ulta store on North Michigan Avenue in Chicago seemed to have been previously used, including eye shadows missing a brush and face cleansers that were already open. Those products, he said, could have pathogens on them that remain for weeks. “There is E. coli and Klebsiella bacteria, which is commonly found in intestine and expelled with fecal matter,” Zimmerman said.  Zimmerman told ABC7 that the goal of his lawsuit is to change the alleged company practice that limits the number of items that can be thrown away, as well as to provide compensation for customers who may have bought used products.

FDA Sends Warning Letter to Joanne O’Donnell Be Natural Organics, LLC.

Joanne O’Donnell
Be Natural Organics, LLC.
3976 S. Pine Center Street
West Bloomfield Township, MI 48323

Dear Ms. Joanne O’Donnell:

This is to advise you that the Food and Drug Administration (FDA) reviewed your website at the Internet address http://www.benaturalorganics.com/ in April 2017 and has determined that you take orders there for the products Calendula Cream Soap, Chamomile Balancing Mist, CoQ10 Eye Protection Cream, Gentle Face Lotion, Amaretto Body Scrub, Pomme D’Or Anti-Aging Crème, Daily Botanical Enzyme Peel, Squalane Serum, and Sea Kelp Moisturizer. The claims on your website establish that the products are drugs under section 201(g)(1)(B) and/or 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § § 321(g)(1)(B) and/or 321(g)(1)(C)] because they are intended for use in the cure, mitigation, treatment, or prevention of disease and/or are intended to affect the structure or function of the human body. As explained further below, introducing or delivering these products for introduction into interstate commerce for such uses violates the Act. You can find the Act and FDA regulations through links on FDA’s home page at www.fda.gov.

 

 

 

 

Examples of some of the website claims that provide evidence that your products are intended for use as drugs include:

Calendula Cream Soap:

• “…Calendula is known to be antiseptic, anti-inflammatory, and immune stimulating. These properties are suitable for treating various types of dermatitis such as eczema.”

Chamomile Balancing Mist:

• “Chamomile, lemongrass, edelweiss and milk thistle [(ingredients in your product)] calm irritated skin with anti-inflammatory properties, …”
• “Calming and anti-inflammatory”
• “Chamomile Hydrosol- Just as chamomile tea can soothe the stomach and nerves, topically applied chamomile hydrosol has great skin soothing benefits. It has anti-inflammatory and anti-allergenic properties that can help reduce the redness and irritation of sensitive or damaged skin.”
• “Rose [(an ingredient in your product)] Distillate – … roses have anti-inflammatory and antibacterial properties.”
• “Lactobacillus/Kelp Ferment Filtrate [(an ingredient in your product)] -… Reduces inflammation.”
• “Calendula [(an ingredient in your product)] – Contains flavonoids for anti-inflammatory activity…Calendula also promotes skin healing and brightening and cell regeneration. It is noted for its ability to soothe eczema, psoriasis, diaper rash, acne and burns”

CoQ10 Eye Protection Cream:

• “CoenzymeQ10 (aka Ubiquinone) -… is used by the cells to make ATP which provides energy to carry out their metabolic functions at an optimal rate”
• “Aloe Vera Leaf Juice [(an ingredient in your product)] – Research has shown aloe vera’s unique ability to regenerate cellular membranes and boost the production of fibroblast cells (responsible for collagen production) six to eight times faster than the rate of normal cellular function.
• “Shea Butter [(an ingredient in your product)] -…chemical constituents offer anti-inflammatory…benefits.”

Gentle Face Lotion:

• “Rose Flower Water [(an ingredient in your product)] -… roses have anti-inflammatory and antibacterial properties.”
• “Witch Hazel Distillate [(an ingredient in your product)] –… benefits include the reduction of inflammation and promotion of wound healing.”
• “Acai Fruit Extract [(an ingredient in your product)] -… acai berries to be one of the most beneficial natural ingredients for the treatment of hyperpigmentation (darkening of the skin).”
• “Edelweiss Extract [(an ingredient in your product)] – ….anti-inflammatory… properties.”

Amaretto Body Scrub:

• “Boosts circulation and helps drain lymph nodes by increasing blood flow to the skin’s surface”

Pomme D’Or Anti-Aging Crème:

• “Stimulates new healthy cell production and growth”
• “Squalane [(an ingredient in your product)] -… it is antibacterial and has been scientifically proven to clear up difficult skin problems (eczema, dermatitis, rashes, etc.).”

Daily Botanical Enzyme Peel:

• “Decreases hyperpigmentation from age spots and acne…”
• “Stimulates new skin cell production; increases collagen and elastin production”
• “Helps destroy acne causing bacteria”
• “Stimulates blood flow, …”
• “Rooibos Tea Extract [(an ingredient in your product)] – Helps prevent skin disorders like acne and rashes. Also possesses strong antibacterial properties.”

Squalane Serum:

• “It also has antibacterial properties and helps to prevent the formation of brown age spots. Research has shown that squalane is beneficial for clearing up difficult skin problems such as eczema, dermatitis, rashes and certain types of acne.”

Sea Kelp Moisturizer:

• “Aspen Bark Extract [(an ingredient in your product)] -…treating burns to reducing fevers to relieving eczema. The bark is rich in salycin, which is considered to be analgesic, anti-inflammatory, calming and healing.”
• “Red Raspberry Seed Oil [(an ingredient in your product)] – natural SPF properties (especially against UVB rays). It enhances the barrier function and repair of the outer layer of each cell…”

Your products are not generally recognized as safe and effective for the above referenced uses and, therefore, the products are “new drugs” under section 201(p) of the Act [21 U.S.C. § 321(p)]. New drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from FDA, as described in sections 301(d) and 505(a) of the Act [21 U.S.C. §§ 331(d) and 355(a)]. FDA approves a new drug on the basis of scientific data and information demonstrating that the drug is safe and effective.

This letter is not an all-inclusive statement of violations associated with your products or their labeling, and we have not attempted to list here all of the products that are promoted on your website for intended uses that cause them to be drugs. It is your responsibility to ensure that all products marketed by your firm comply with the Act and its implementing regulations. We advise you to review your website, product labels, and other labeling for your products to ensure that the claims you make for your products do not reflect intended uses that cause the distribution of the products to violate the Act.

We request that you take prompt action to correct all violations associated with your products, including the violations identified in this letter. If you do not believe your products are in violation of the Act, include your reasoning and any supporting information for our consideration. Failure to promptly correct these violations may result in legal action without further notice, including, without limitation, seizure and/or injunction.

Please notify this office in writing within fifteen (15) working days of the receipt of this letter as to the specific steps you have taken to correct the stated violations, including an explanation of each step being taken to identify violations and make corrections to ensure that similar violations will not recur. If you do not believe that your products are in violation of the Act, include your reasoning and any supporting information for our consideration. If the corrective action cannot be completed within fifteen working days, state the reason for the delay and the time frame within which the corrections will be implemented.

Your firm’s response should be sent to:
Dr. Byron Ho, Compliance Officer
U.S. Food and Drug Administration
300 River Place, Suite 5900
Detroit, MI 48207

Leave it to the professionals! … Statement on FDA Investigation of WEN by Chaz Dean Cleansing Conditioners

The FDA is investigating reports of hair loss, hair breakage, balding, itching, and rash reported to be associated with the use of WEN by Chaz Dean Cleansing Conditioner products. While the FDA continues its investigation, consumers should be aware of reactions reported in association with the use of WEN by Chaz Dean Cleansing Conditioner products. Consumers who experience a reaction after using WEN by Chaz Dean Cleansing Conditioner products should stop using the product and consult with their dermatologist or other health care provider. The agency also urges consumers to report to FDA any reactions they may have experienced when using these products.

FDA previously announced that it is conducting an investigation of adverse event reports for WEN by Chaz Dean Cleansing Conditioner products, including reports of hair loss, hair breakage, balding, itching and rash. FDA has received and continues to receive reports of adverse events, as the investigation is still ongoing. In the course of its investigations, the FDA is looking at all sources of information, in order to better understand the consumer reports of adverse events. There are many potential causes of hair loss, including, for example, certain illnesses, medications, hormonal changes, rapid weight loss or gain, anemia, and high-stress life events, and these factors are being taken into account as the FDA continues to investigate these reports. If you experience hair loss, you should contact your healthcare provider. As with any cosmetic product, if you experience an adverse event that you think may be related to use of WEN by Chaz Dean Cleansing Conditioner, you should also cease using the product and report the event to the FDA.

The FDA has not yet determined a possible cause for the adverse events that have been reported, and today has called on the company to “provide any data that might help us to better understand the reports of hair loss associated with the use of WEN by Chaz Dean Cleansing Conditioner products.” The FDA also has reached out to physicians and other health care providers asking them to notify their patients of hair loss and other complaints associated with the use of these products and to report adverse events to the agency.

Same Problem, Same Comments! Nothing will Change.

All available under one roof! And at prices salons couldn’t even get it on the shelf for!! Well done

Its the same old same old story in the beauty industry. “DON’T’ buy these products in a store there tampered with. There bootlegged products, brouhaha. Get real people. Professionals keep on whining about how there products are on the internet, in a store. WA WA WA.  This story is written from a add on Facebook so I thought I would give the advertisement my 2 cents.

Why do all of you get excited over this. More than 70 percent use these products and sell them in there salons. You pay for a ticket at a hair show and you learn from these company’s. You join PBA and they support those companies. BTC supports those companies, yet you will like and copy and paste there literature in your walls. Actions speak louder than words my friends. There getting there’s and your getting yours. Why bother. But you will still support the shows, websites, and product lines. And join the organizations.

Reply’s to my comment!

I quit buying from products from supply houses and quit using a certain line when it came out with their own box color. I don’t support lines and companies that don’t support me. I make my retail even when I’m not standing behind the chair and I don’t have to watch my products/my money sit on the shelf and collect dust. I’m tired of giving my hard earned money to big companies that could give a crap if we are out be they want to make money.

All these products are bought directly from manufacturers and sold to supermarkets.. they are not out of date … just cheaper

When a distributor”s contract with a company like TIGI or Any of the other’s, is terminated they sell their inventory to discount stores. We get angry at that company when we need to hold distributors​ accountable for how they sell off products they legally can not sell.

The big companies ARE selling it. End of story

I don’t know why people get so shocked about this anymore. It’s nothing new. “Diversion” isn’t real.
Manufacturers sell to whoever they want.

If you stock product that shows up in a supermarkets. You should dump your supplier and find an exclusively salon one.

THIS WILL NEVER CHANGE MY FRIENDS, NEVER!

 

Defective Products May Cause Serious Personal Injury

The beautiful LiesYou can see the advertisements on television all the time—women running their fingers through their hair, happy because they have dyed their hair to a “brilliant” color. But what happens if the hair dye is a defective product? After all, hair dye contains chemicals that come in close contact not only with your scalp, but with your eyes, nose and mouth, creating the potential for a serious personal injury. Some women say they suffered severe burns after using hair products, including dyes and relaxers.

According to the FDA, some problems reported from hair dyes include hair loss, burning, redness, itchy or raw skin, swelling in the face and trouble breathing. Sometimes, the issue is an allergic reaction, and the FDA warns that such a reaction can occur even after years of using a hair dye product.

Some lawsuits have been filed against hair dye makers, alleging their product caused women to permanently lose their hair. In 2006, a lawsuit was filed against Procter & Gamble, alleging that Clairol “Nice ‘n Easy” hair dye left the plaintiff with chemical burns on her scalp and caused her hair to fall out.

Hair dye chemical burns do not just happen at home. In fact, lawsuits have been filed against salons alleging that clients suffered chemical burns during hair dye treatments. In 2014, a woman filed a $12,000 lawsuit, alleging she suffered a severe chemical burn to her scalp. Her lawsuit seeks expenses for medical care as well as damages for physical and mental pain and suffering.  An article in the FDA’s Consumer magazine notes that hair straighteners and hair dyes are among the agency’s Office of Cosmetics and Colors top consumer complaint areas. Although some complaints are caused by misuse of the product, others may be related to the product itself, and reactions vary from hair breakage to emergency room visits. According to the FDA article, there have been cases where products were labeled as “chemical free” when they actually contained ingredients that most people would consider “chemicals.” In those cases, the products were eventually removed from the market or had their labels changed.  Chemical burns can be incredibly painful and can have severe consequences for victims. They can take a long time to heal, putting patients at risk for infections. The recovery can be expensive, requiring various medicines, including steroids, to heal the burns and creams to stop the pain. Of course, there is also the emotional impact associated with such chemical burns. The scarring of the head and face can be emotionally traumatic for a person, leading to depression and anxiety.

In cases where a defective product has caused personal injury, it is possible to file a lawsuit to hold the company accountable for putting a defective product on the market.

Busted we win! Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices pays up!

realhairtruth.comI love it, I love it. Busted for whatever the lawyers could get, they got in full from Unilever!. According to documents filed Friday in Illinois federal court, Unilever United States Inc. has agreed to pay $10.2 million to settle a class action lawsuit accusing it of marketing and selling a Suave-brand hair treatment that causes significant hair loss.  The Suave Keratin class action lawsuit was initially filed in August 2012 on behalf of a class of consumers who purchased or used Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a product that was recalled in May 2012. The plaintiffs alleged that the product included dangerous ingredients that caused injuries, and that Unilever failed to properly inform consumers about the proper way to use the product to avoid injury.  During this time frame we at the “Real Hair Truth/Jotovi Designs Inc.” watched closely all the litigations that went forward with this class action lawsuit.  And passed along any and all emails we received from consumers to the appropriate law firms representing the clients involved.  Jotovi Designs Inc. was also used as a avenue for any and all complaints within the professional beauty industry, working hand in hand with consumers and professionals directing them to the proper law firms involved with the plaintiffs.  Now trust me my friends that is just penny’s to them not even nickels or dimes at all. They are a large corporation will it hurt them, “NO” not at all.  These large manufacturers are always in court. Look at L’Oreal, the mother of all lawsuits does it hurt them “No”. They always find a way to push the envelope, this is just a part of there corporate lives. No biggy to them.  The consumer and professional are the ones who get hurt. And trust me the so-called professional beauty industry does not care to inform there industry of these deviate practices. They will actually support these company’s. Basically because they need there money to survive. They cannot do it on there own.

On the Unilever website the company claims that. “Our brands play a major part in helping us achieve our sustainable living aims of helping more than a billion people improve their health and well-being; halving the environmental footprint of our products and sourcing 100% of our agricultural raw materials sustainably”.  Really?

Unilever is a major force in the beauty/cosmetics industry with household names as, Dove, Axe, Lux, Pond’s, Sunsilk, Tresemme, and who could also forget the beauty industry TONI&GUY that you can buy anywhere and beauty professionals will hail the product. Knowing full well they have no exclusive of the product what so ever. But they will sell it in there salons. And buy there tickets to there hair shows supporting TONI&GUY. But that’s another story in itself. The Suave Keratin class action lawsuit asserted claims against Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices statutes and unjust enrichment arising from the manufacture, advertising and sale of the Suave Keratin Infusion smoothing kit. According to the plaintiffs’ motion supporting preliminary approval of the class action settlement, between 225,000 and 260,000 smoothing kits were sold.

Under the terms of the proposed Suave Keratin class action settlement, Unilever will pay $10 million to establish two settlement funds: a reimbursement fund and a personal injury fund. The $250,000 reimbursement fund will be available to Class Members who purchased a Suave Professionals Keratin Infusion 30-Day Smoothing Kit, providing a $10 refund for the past purchase of the product.

The class action settlement injury fund will provide relief to Class Members who suffered bodily injuries to their hair or scalp as a result of using the Suave keratin treatment. Class Members who incurred expenses for hair treatment but who no longer have receipts for their expenditures will be eligible to receive up to $40 per claimant. Class Members who have receipts from their treatments will be eligible to receive up to $800 per claimant for their expenses. Class Members who suffered significant bodily injury to their hair or scalp will be eligible to receive up to $25,000 per claim.

real hair truth.comDuring the filming of my next documentary “The Beautiful Lies”, I received numerous emails for consumers who used this product. Writing to me the causes, and health hazards they experienced with this product.

” Dear Mr. Kellner, I too used this product and fried my hair…4 haircuts later still having issues with dry hair and itchy scalp. Any ideas on what I need to do to promote good hair health?”

” Dear Joseph Kellner,I found this email when reading about the horrible suave keratin product. I haven’t developed any health issues that I know of but my hair continues to fall out. I have had at least 10-12 inches cut off in the last 5-6 months and my hair used to be thick and is now just so thin and horrible feeling. Anything that can be done?”

“I bought the treatment on 3/23/12 from Wal-Mart and I used it a week later.  I have previously used Sally’s brand about 8 months prior so I knew what I was doing and I read the directions correctly.  Not even a week after I used the Suave brand, my hair got considerably lighter, which has never happened and my hair started to fall out.  Even now, every time I was my hair, more of it breaks and I am losing it by the handfuls.  I only use the treatments because after I had my daughter, my hair got wavy and thicker only in the back and I wanted an easier way to maintain my hair.  The treatment I used before worked wonders and seeing as Sauvé’s was a whole lot cheaper, I took a chance.  I know it is not supposed to make it straight, but it is supposed to make it easier to straighten, and this did not do as it was supposed to.  I saw the recall at my local CVS and wanted to know what I am supposed to do from here?  Thanks for your time.”

“I used this kit twice the first time my tightly curled hair was soft shiny the second time at first  I didn’t see any change in my then a couple of weeks after my hair started coming out by the handfuls it took me three years to get the growth I had now all Ivan do is cut it all off and do intensive conditioning treatments .something should be done to suave for the damage it has done to my hair.”

“I to had a bad experience with this product. My hairdresser called their 1800 # to let them know the damage that their product had done to my hair. It’s taken 6 months to get it back to almost normal. This has cost me a lot of money. Another dissatisfied customer”.

“I just used this product a few days ago and my hair is also fried. And when I went to the store to try to find a deep renewing conditioner the product was still on the shelf! I don’t know what to do with my hair at this point. I’ve been trying to nurse it back to life with coconut oil and mayonnaise but it still isn’t enough. Help?!”

Help it has been 4 months for my hair and it continues to break off and is fried.  It seems like it is getting worse not better.  I have spent over $2000 and yet I am still struggling.  No one is responding to my letters Unilever, Suave or Kroger. I tried to join a class action lawsuit with Wasserman, Comden, Casselman& Esensten but they have not contacted me back yet either.  The $12 is not sufficient and my current professional stylist believes it will be at least another year before my hair is back to normal if ever.  I can not afford this!! Is there any hope we will get some resolve from the company.  Please someone help!! This is truly a nightmare and not only has it ruined my hair but my personal life, my professional life and my personal well-being have all been severely compromised. Any information that you might have regarding where I might go next would be greatly appreciated.”

The Suave Keratin settlement will also resolve several similar class action lawsuits that were filed in Kentucky and California.

The Suave Keratin class action settlement agreement was reached after nearly 18 months of litigation and lengthy mediation sessions with former U.S. District Judge Wayne Andersen. According to the court documents, the plaintiffs believe that the settlement agreement is “fair, reasonable, adequate and in the best interests of the Named Plaintiffs and the putative Settlement Class. Unilever, denying wrongdoing of any nature and without admitting liability, has agreed to the settlement terms in order to address claims brought by consumers of Unilever products, and in order to avoid the burdens of continuing discovery expenses and litigation.”

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Keratin Infusion Class Action Lawsuit is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.

Real Hair Truth Cosmetic/Beauty Product Injury Lawsuits

the real hair truth

Injuries from cosmetic products can come in a wide variety of forms — from allergic reactions to infections and other complications. There are two main legal theories that a person injured by a cosmetic product (the plaintiff) could sue under: product liability and breach of warranty. This article discusses what a plaintiff in a cosmetic injury suit must prove under either theory, cases specifically related to allergic reactions, and the possibility of class action lawsuits.

Product Liability: The Basics

The most likely theory to be used in a lawsuit involving cosmetic product injuries is product liability. An injured plaintiff can sue both the manufacturer and/or the seller (the defendant) of the cosmetic product if his or her injury was caused by a defect, a defective design or improper labeling. Most states follow what is called the “strict product liability” rule, although a few still use traditional negligence rules.

A plaintiff suing under a strict liability theory simply needs to prove:

  • that he or she was the kind of consumer that the defendant intended to use the product
  • that the defect did not occur after the product was sold, and
  • that the plaintiff was injured.

This kind of theory is called “strict liability” because many of the requirements in a standard negligence case, like proof of a specific duty of care owed to the plaintiff, are not included. Most states adopted strict liability for mass-marketed consumer products because, among other things, the manufacturers needed to be financially responsible for their products, and not be allowed to escape liability simply because of the difficulty plaintiffs faced trying to prove negligence claims.

In a negligence case (in those few states that still use this theory for consumer products), the plaintiff will need to prove:

  • that he or she bought the product from the defendant
  • that the defendant should have known that the product could be dangerous if unaccompanied by proper warnings, or that the product had a defect
  • that the failure to warn the plaintiff, or the defect or defective design, injured the plaintiff, and
  • that the plaintiff didn’t do anything to cause the injury.

Breach of Warranty

A cosmetic product injury case based on a breach of warranty theory will be the same as other standard breach of warranty cases.

An injured plaintiff could sue for breach of an express warranty if the seller or manufacturer made specific guarantees that a product would have specific effects that the product did not have (note that this theory might not fit with most cases involving an actual injury).

The plaintiff could also sue for breach of an implied warranty that the cosmetic product was fit for normal use, i.e. the implied guarantee that no normal cosmetic product would cause an injury if used properly.

Finally, the plaintiff could sue for breach of an implied warranty that the product was fit for a specific purpose, i.e. that the defendant knew the plaintiff wanted to use the product for a specific purpose, but the product caused an injury when the plaintiff tried use it.

There are many state and federal laws controlling breach of warranty claims. Some breach of warranty claims may not be appropriate when the plaintiff is suing for physical injuries, if the law only allows compensation for the money lost on the product (what is called “economic damages”).

Some warranty laws, however, do allow a plaintiff to sue for physical injuries. Perhaps more importantly, proving a breach of warranty can help prove a strict liability or negligence claim. A plaintiff is not limited to suing under one theory, so including a breach of warranty claim in a cosmetic injury lawsuit will generally help a plaintiff’s case overall.

Injuries Caused by Allergies

If a manufacturer knows, or should know, that a product might cause an allergic reaction in some people, injured plaintiffs could potentially sue the manufacturer for failing to warn about the allergic reaction under a strict liability or negligence theory. A breach of warranty theory might also be possible if the allergic reaction is not extremely rare, i.e. the product was not fit for cosmetic use because some percentage of the population was allergic.

Class Actions for Cosmetic Product Injuries

If a cosmetic product causes many or all of its users the same kind of injury, then a class action may be possible. In a class action case, multiple plaintiffs with the same kind of injury from the same source sue the defendant in one lawsuit.

If someone is injured by a cosmetic product, they or their attorney should research whether there is already a class action case or a settlement fund for people injured by the product. Often, even though the case has settled, there will be a fund to pay those who were not a part of the original case.