Federal court dismissed the lawsuit case of a California woman against a lip balm manufacturing company over alleged consumer law violations. The woman accused the said company for misleading consumers regarding the cosmetic product's quantity.
According to USA Today, Angela Ebner sued renowned lip balm manufacturing company, Fresh Inc. over its Sugar Lip Treatment, packaging and quantity issue. The lip balm product which cost $24, misled consumers by packaging the cosmetic product in a "heavy screw-up container" that stopped dispensing when only 75 percent of the balm had been used. Ebner claimed the company violates the state's consumer protection laws.
However, the court ruled to dismiss the lawsuit, noting Fresh Inc. did not violate any federal laws as the package labels clearly indicated the quantity of balm on every tube. Regal Tribune reported, the court told the plaintiff, that a reasonable consumer understands the general mechanics of these dispenser tubes.
It added, it is up to the user to decide whether it is worth the effort to extract any remaining product with a finger or a small tool, CBS Local cited. Ebner's lip balm lawsuit case was not her first case on US Court of Appeals, as court records shows, it is her 9th time. The plaintiff's representing attorney refused to make a comment regarding the case.
Lip balm manufacturing company, Fresh, Inc. engages in the industry of production and sale of beauty products in the United States. The company offers products in the areas of skin care, makeup, fragrance, hair care, body care, candles, gifts and soaps, and accessories.
It also provides products through stores and online shopping. The company was founded by Alina Roytberg and co-founders Lev Glazman, incorporated in 1980 and is based in Boston, Massachusetts. As of September 25, 2000, Fresh, Inc. operates as a subsidiary of LVMH Moet Hennessy Louis Vuitton SA.
