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January 2018: This case was dismissed because the parties reached a settlement agreement. The terms of the agreement have not been disclosed. The named plaintiff’s individual claims were dismissed When a complaint is dismissed with prejudice, it cannot be refiled. and the class members’ claims were dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled..
August 2017: This case was transferred to federal court. (Case No. 17-cv-5094, N.D. Cal.)
July 2017: A class-action lawsuit was filed against Philosophy, Inc. regarding the marketing of its “Ultimate Miracle Worker” products. The complaint alleges that the company makes unlawful drug claims about the products – including that they “help your skin rebuild its natural collagen” and “naturally rejuvenate itself” – and unlawfully markets them as drugs without the proper approval from the FDA to do so. (Bogdanic et al v. Philosophy, Inc. et al, Case No. 1702773, California Superior Court – County of Marin)
For more information about the marketing of cosmetics and TINA.org’s coverage of the products, click here.
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Companies should not be able to trap consumers into subscriptions that they do not want.
Getting out may not be as easy as signing up.
Ellen Lee, The New York Times
TINA.org discovers the evidence behind these weight-loss claims is slim.