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Rodan + Fields has reached a settlement in a class-action lawsuit over an unreported component in their Lash Boost product.

Isopropyl cloprostenate, a glaucoma drug with potentially serious side effects, is at issue.

Barbara Lewis, Akemi Buckingham, Elaina Hufnagel, and Tereas Gattuso launched a class-action lawsuit against Rodan + Fields in 2018.

The four Plaintiffs claimed in their complaint that

Rodan + Fields has failed to disclose relevant information to consumers concerning the existence, severity, and duration of symptoms and adverse effects related to isopropyl cloprostenate, a component in Lash Boost, since it was introduced to the market in 2016.

The synthetic prostaglandin analog is isopropyl cloprostenate. Prostaglandin analogs are often utilized in the medical treatment of glaucoma to lower ocular hypertension in individuals.

Prostaglandin analogs have “potentially sight-threatening side effects,” including a. iris cysts, cystoid macular edema (which can cause vision loss and distortion); b. anterior uveitis (inflammation of the iris or ciliary body); and c. reactivation of herpes simplex keratitis (inflammation and possible scarring of the cornea).

Increased prominence of lid vessels; c. darkening of the eyelid skin and undereye skin; d. increased pigmentation of the iris (meaning it can change the color of the eyes); e. excessive tearing, eye pain, or lid crusting; and f. lengthening of eyelashes are some of the known side effects.

Given that Lash Boost is an “eyelash enhancer,” it’s likely that isopropyl cloprostenol is used to “lengthen eyelashes.”

Plantiffs argue that an FDA letter sent to another cosmetic producer in 2011 cautioned against the usage of isopropyl cloprostenate and that another firm does notify customers about potential negative effects.

Rodan + Fields promotes Lash Boost as a cosmetic rather than going through the FDA approval procedure and having to disclose all of the negative effects associated with prostaglandin analogs.

Plaintiffs went on to claim that as a result of using Lash Boost, consumers have experienced serious side effects such as iris color change, eyelid drooping, itchy eyes, eye/lid discoloration, thinning and loss of eyelashes/loss of eyelash hair, eye sensitivity, eye infections, and vision impairment.

Rodan + Fields engaged in deceptive, unfair, and illegal marketing tactics by omitting the detrimental side effects and hazards involved with the usage of Lash Boost, rather than allowing consumers to determine if Lash Boost is worth the risk.

Plaintiffs claim their class-action lawsuit wants to reimburse consumers who purchased Lash Boost for $150 per tube, citing Rodan + Field’s prominence as “the best selling skincare brand in 2016” with over “$1 billion in sales.”

Surprisingly, Plaintiffs also say that their class action does not allege that Lash Boost is or should have been regulated by the FDA.

I’d have expected that Rodan + Fields’ failure to disclose potentially hazardous side effects of their products would fall within the FDA’s purview. It might also be a case for the Federal Trade Commission.

In any case, considering the allegations, it’s an unusual comment to make.

Even though a class-action lawsuit was launched against Rodan + Fields in April 2018, I was just recently made aware of it.

According to the docket, the case took place over four years. Early on, it was merged with two other related class actions.

Some Plaintiffs were discharged along the line, probably because Rodan + Fields and the plaintiffs had struck separate settlements.

A “Proposed Order Regarding Settlement” was submitted in June 2021. On September 28th, 2021, the parties formally struck a settlement agreement.

The Class-Action Plaintiffs submitted a request to voluntarily dismiss the action on April 7th, 2022, completing the settlement.

Rodan + Fields decided to update the [Lash Boost] label and directions for use, (and) to identify certain purported negative effects that have been reported by certain product users, although maintaining that they had done nothing wrong.

R+F has agreed to make some modifications in how it markets the product on its website, as well as in the resource materials it gives when training R+F Independent Consultants, and has agreed to provide extended warning instructions for usage.

The agreement’s monetary component might be worth up to $38 million.

The monetary settlements account for $30 million of that total. The remaining $8 million is a product credit from Rodan + Fields.

Any Rodan + Fields affiliates and/or consumers that purchased Lash Boost between October 1, 2016, and March 11, 2022, are considered Certified Class Members.

Class members can select between a Rodan + Fields product credit voucher or a cash reward by filling out a claim form.

According to a court-ordered Settlement Notice, the Credit Benefit is limited to $250 and the Cash Benefit is limited to $175.

Settlement Class Members who submit valid proof(s) of purchase demonstrating that they purchased Lash Boost more than once may be eligible for an additional maximum benefit of $250 in credit (a “Credit Repeat Purchaser Benefit”) or $175 in cash (a “Cash Repeat Purchaser Benefit”), for a total maximum benefit of $500 in credit or $350 in cash.

• If you purchase one bottle of Lash Boost, you will receive a $250 credit or $175 in cash.

• If you buy more than one bottle, you can get up to $500 in credit or $350 in cash.

It’s worth noting that the $38 million settlement pool isn’t all going to Class Members.

• settlement administrative expenses ($425,608 estimate) are deducted from the $30 million component.

• legal fees (limited to $15.4 million)

• Service Awards for Class Representatives ($15,000 apiece, for a total of $165,000 for 11 Class Representatives)

If the remaining funds are insufficient to meet monetary claims, they will be reduced proportionally.

It is possible to opt-out of class membership. Members of the class have until July 14th to opt-out.

Class members must file Claim Forms by September 7th, 2022. Class Members can file claims on a dedicated website (blue “start your claim” button on the right of the page).

Any questions that impacted Class Members may have should be addressed in the given Settlement Notice. Unless the Settlement Administrator’s and/or Class Counsel’s contact information is given.

Please take note of this. BehindMLM is unable to give individualized legal advice.

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