Rodan + Fields Lash Boost Litigation
Lewis, et al. v. Rodan & Fields, LLC
United States District Court for the Northern District of California
Case No: 4:18-cv-02248-PJH
Keller Rohrback L.L.P. filed a lawsuit against Rodan + Fields, L.L.C. on behalf of consumers for deceptive labeling and unlawful marketing of its Enhancements Lash Boost eye serum. The lawsuit alleges that Rodan + Fields, which was founded by two doctors, failed to disclose the harmful side effects of an ingredient in Lash Boost, isopropyl cloprostenate.
Rodan + Fields markets Lash Boost as a cosmetic and does not disclose that it contains a synthetic prostaglandin analog. Prostaglandin analogs can cause side effects such as increased pigmentation of the iris, darkening of the skin around the eyes, inflamed eyelids, eye pain or lid crusting, increased eye irritation including burning and stinging of the eyes, droopy eyelids and blurred vision. Prostaglandin analogs are used for the medical management of glaucoma.
Rodan + Fields’ failure to list the potential side effects in marketing materials and labels took away consumers’ right to know what harm Lash Boost could cause and whether using the product is worth the risk.
October 15, 2019 — The parties agreed to and the Court ordered a revision to the schedule for proceedings. Plaintiffs’ Motion for Class Certification, previously due November 6, 2019, will now be filed by January 24, 2020. The parties are presently engaged in discovery, the process of obtaining evidence to support or rebut the claims in the case.
February 28, 2019 — The Court issued its Order on Defendant’s motion to dismiss, ruling that Plaintiffs’ nineteen consumer claims in the following six states may proceed:
The Court’s Order denied Plaintiffs’ request for a nationwide RICO claim, so consumers outside of the above-listed states should contact legal counsel, immediately, if they wish to pursue claims against Rodan + Fields. The Consolidated Class Action Complaint is now limited to consumers in California, New York, Florida, Washington, Illinois, and Massachusetts.
October 26, 2018 — Rodan + Fields filed a Motion to Dismiss Plaintiffs’ Consolidated Complaint. Plaintiffs filed their Opposition to Defendant’s Motion to Dismiss on December 19, 2018 affirming Plaintiffs’ claims and requesting that the Court deny Defendant’s motion. The Court held a hearing on the Motion to Dismiss on February 20, 2019.
August 14, 2018 — Keller Rohrback L.L.P, along with Interim Class Counsel and Attorneys for Plaintiffs filed the Consolidated Class Action Complaint.
The consolidated complaint was filed on behalf of nine class representatives and a nationwide class of Plaintiffs. The consolidated complaint alleges twenty separate counts against Rodan + Fields, including violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) on behalf of a nationwide class, and consumer protection claims on behalf of classes in six states. Plaintiffs are seeking refunds of all money paid for Lash Boost; a declaration that Rodan + Fields’ Lash Boost marketing, advertising, website, and Lash Boost label is misleading and deceptive; and treble damages.
June 15, 2018 — The court entered an order consolidating cases, and Keller Rohrback L.L.P was named Interim Lead Counsel for the Plaintiffs in a Consolidated Action. Glancy Prongay & Murray was appointed as additional Interim Class Counsel for the Plaintiffs in the Consolidated Action.
Consolidated Class Action Complaint – 08/14/2018
Opposition to Defendant’s Motion to Dismiss – 12/19/18
Order Re Motion to Dismiss – 2/28/19