Lewis et al. v. Rodan + Fields, LLC and Gorzo et al. v. Rodan & Fields, LLC
Ben Scher was retained on behalf of Rodan + Fields, LLC, in support of its opposition to class certification in two class-action lawsuits, one filed in federal court and one in California state court. Both involve putative classes of all purchasers of Lash Boost, an eyelash serum used to enhance the appearance of eyelashes, who allege that Rodan + Fields failed to disclose purported side effects in its labeling and that purchasers were harmed financially. Ben Scher provided written and deposition testimony on demonstrating that disclosures of alleged warnings would not have an material impact on consumers’ purchasing behavior and that any effects would not be uniform across the putative class. The parties announced an agreement in principle to settle.