Four proposed class action lawsuits filed in January 2016 claim that use of EOS Lip Balm can lead to cracking, bleeding, and blistering lips and that the company, Evolution of Smooth, does not warn consumers of these possible reactions.
One woman who filed suit said her lips felt like “sandpaper” within hours of using the lip balm. When she applied more EOS Lip Balm, her lips began to crack, flake, bleed, and blister, and she developed a rash. The symptoms lasted for 10 days. She seeks damages and corrective advertising that warns that EOS Lip Balm may cause mild to severe rashes, dryness, bleeding, blistering, cracking, and loss of lip pigmentation that may last from a few days to a few months, or may potentially be permanent. A California plaintiff alleges violation of the state’s Consumers Legal Remedies Act, and a New York woman accuses EOS of false advertising and negligent product design, according to the firm representing her. One mother filed a lawsuit after her teenage daughter developed rashes and blisters from the lip balm. She said she has purchased the EOS Lip Balm as an “age-appropriate” alternative to lipstick.
San Francisco dermatologist Dr. Marie Jhin, who examined photos of affected users, said the rashes could be contact dermatitis caused by a reaction to vitamin E, according to Your Health Magazine. The Inquisitr notes that beeswax, an ingredient in EOS lip balms, is an allergen and people need to know if beeswax is contained in the cosmetics they use. According to The Inquisitr, EOS does not fully disclosure the ingredients on EOS Lip Balm labels.
Celebrity promoters of EOS Lip Balm include Kim Kardashian, Miley Cyrus, Ann Kendrick, Britney Spears, and Katie Perry. The EOS flavors involved in the lawsuits are Blackberry Nectar, Coconut Milk, Strawberry Sorbet, Blueberry Acai, Pomegranate Raspberry, Summer Fruit, Sweet Mint, Honeysuckle Honeydew, Lemon Drop, and Medicated Tangerine.
EOS, in a statement posted statement on social, wrote: “Some of you may have seen reports of a lawsuit filed against our company. We wanted to be sure that you, our valued customers and fans, know that the health and wellbeing of our customers is our top priority. Our products are safe to use, are made with the highest quality ingredients and they all meet or exceed all safety and quality standards set out by our industry. An independent laboratory puts each of our products through a battery of rigorous testing to ensure this is the case. For these reasons, we firmly believe this lawsuit is without merit, and we will continue to create new and exciting products that delight our customers.”
The lawsuits allege violations of unfair business laws in a number of states. One of the suits alleges that EOS breached express and implied warranties, committed consumer fraud, and unjustly profited sales of the lip balms. Two of the lawsuits claim EOS failed to warn about skin reactions on the product itself or in the advertising material, and failed to commission a study on the adverse effects of its proprietary formula.