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Plaintiff Digs Deep In Almay Archives For ‘Hypoallergic’ Fraud Evidence

 
• By Ryan Nelson

In the absence of FDA regulations, federal courts generally are weighing hypoallergenic false-advertising arguments against the “reasonable consumer” standard, with varying results. However, Almay may have provided a more substantive basis for assessing the truthfulness of its hypoallergenic claims via a letter to FDA on the subject – albeit one from 1973.

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The plaintiff in a putative class action against Revlon Group Inc. includes in her complaint a letter from Almay, Inc. to FDA – more than four decades ago – as evidence that “hypoallergenic” Almay products are falsely advertised.

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