Antitrust Law Daily Wrap Up, ADVERTISING—N.D. Ohio: Consumer must face threat of future harm to seek injunction, (Oct 15, 2014)
Law Firms Mentioned:Paul Hastings | Taft Stettinius & Hollister
Organizations Mentioned:Cuyahoga County | L'Oréal U.S.A. S/D, Inc. | Law Offices of Mark Schlachet | Paul Hastings, LLP | Taft Stettinius & Hollister, LLP
By Jody Coultas, J.D.
A makeup consumer lacked Article III standing to seek an injunction against L’Oréal under the Ohio Consumer Sales Practices Act, the federal district court in Cleveland has ruled (Neuman v. L’Oréal U.S.A. S/D, Inc., October 14, 2014, Gwin, J.).
The consumer alleged that L’Oréal deceptively marketed its Lancôme brand Teint Idole Ultra 24H Liquid foundation makeup as lasting for 24 hours, and advertised that a high level of scientific research supported that claim. After L’Oréal denied her request for a refund, the consumer sought an injunction under the Ohio Consumer Sales Practices Act (CSPA).
A plaintiff who suffers no risk of future injury cannot obtain an injunction, according to the court. Courts are split on whether a plaintiff has standing to seek an injunction against allegedly deceptive advertising, even though the plaintiff does not plan to purchase the product in question again. Article III standing requires an injury caused by the defendant that can be redressed by a favorable resolution of the suit. Here, the court held that Article III required a case or controversy to have standing. Because there was no risk of future harm to the consumer, there was no case or controversy.
Because a named plaintiff’s standing to seek an injunction cannot rest on the likelihood of future harm to unnamed class members, the court held that the consumer did not have standing under Article III. It was highly unlikely that the consumer would purchase the product at issue again after being so disappointed. Therefore, the consumer lacked standing, and the court remanded the case to the Court of Common Pleas of Cuyahoga County.
The case is No. 1:14-CV-01615.
Attorneys: Mark Schlachet (Law Offices of Mark Schlachet) for Judith Neuman. Dennis S. Ellis (Paul Hastings), and William A. Doyle (Taft Stettinius & Hollister) for L'Oréal U.S.A. S/D, Inc.
Companies: L'Oréal U.S.A. S/D, Inc.
Cases: Advertising OhioNews