A class action lawsuit against Bath & Body Works will move forward after a California federal judge made some cuts to the proposed claims surrounding the company’s representations about the ingredient hyaluronic acid.

The lead plaintiff, Carmen Perez, says she bought Bath & Body Works’ Hyaluronic Hydrating Body Cream based on its representations that hyaluronic acid would keep her face smooth and hydrated. Perez says that she later learned that hyaluronic acid does not confer the benefits the company claimed, such as the ingredient being able to hold up to 1,000 times its weight in water.

However, U.S. District Judge Beth L. Freeman dismissed four out of Perez’s six challenged claims, as well as her bid for injunctive relief to prevent the company from continuing selling the questioned products. Judge Freeman also removed Bath & Body Works LLC’s parent company, Bath & Body Works Inc., from the lawsuit, choosing to lump them together.

The class action claims that remain indicate that Bath & Body Works advertised hyaluronic acid as an ingredient that “attracts and retains up to 1,000x its weight in water to make skin look smoother and more supple.” Perez provided evidence from scientific studies showing that hyaluronic acid only retains a small amount of water, not 1,000 times its own weight, according to Judge Freeman’s ruling.

Judge Freeman also found that Perez sufficiently alleged that she relied on Bath & Body Works’ representations of hyaluronic acid when she bought the body cream, and that given the company manufactures and advertises the products, it would have known about the false claims, despite the company’s arguments to the contrary.

The class action argument initially took issue with five Bath & Body Works products. However, Judge Freeman ruled that Perez’s complaint covered only the body cream she bought, and that she could not make claims against products that she did not purchase without showing sufficient similarities between them. 

Further, Perez’s complaints against the company’s claims that hyaluronic acid “instantly replenish[es] moisture for smooth, hydrated skin,” “[is] clinically tested to instantly lock in moisture,” “is a water loving molecule,” and contains a “fast-absorbing formula [that] immediately hydrates,” were dismissed by Judge Freeman. 

Have you purchased hyaluronic acid products from Bath & Body Works? You could be a part of this class action lawsuit!

The plaintiff is represented by Seth A. Safier and Anthony Patek of Gutride Safier LLP.

The Bath and Body Works Class Action Lawsuit is Perez v. Bath & Body Works, LLC , Case No.  21-cv-05606-BLF, in the US District Court for the Northern District of California San Jose Division. 

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A class action lawsuit against Bath & Body Works will move forward after a California federal judge made some cuts to the proposed claims surrounding the company’s representations about the ingredient hyaluronic acid.... Read More

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