Morphe Color Additives Class Action Stalls Following Bankruptcy Filing
January 20, 2023
A proposed class action involving makeup company Morphe LLC has stalled after parent company Forma Brands filed for Chapter 11 bankruptcy on January 12, 2023. That makes the future of the potential Morphe class action uncertain for concerned cosmetic consumers.
Previously, the Morphe class action case, filed on April 1 in California, alleged that certain Morphe eyeshadow palettes, eyeliners, and Colorfix 24-Hour Cream Color products contain “inherently dangerous” color additives that the U.S. Food and Drug Administration (FDA) considers “unsuitable and unapproved” for cosmetic use near a person’s eyes, according to ClassAction.org.
The lawsuit claimed that the application of some Morphe cosmetics to a person’s eye area can cause worrying issues like severe eye irritation, skin discoloration or staining, rashes, and allergic reactions, among other “painful, embarrassing” problems.
Despite the inclusion of these color additives in the products, the case alleged, Morphe continued to promote and advertise these cosmetic items for use in the eye area. The lawsuit claimed that Morphe advocated for consumers to use the products in the eye area by including images of models wearing the cosmetics as eye makeup in its advertising.
The case claimed that the Morphe products at issue are “inherently dangerous” because they contain color additives banned by the FDA for use in the eye area including FD&C Red No. 4, D&C Violet No. 2, FD&C Yellow No. 6, and more.
However, the proposed class action was stayed and administratively closed after Morphe’s parent company Forma Brands filed for Chapter 11 bankruptcy on January 12.
The next day, U.S. District Judge Jon S. Tigar issued an order stating that the case was subject to an automatic bankruptcy stay and closed for administrative purposes. However, it noted that “This order shall not be considered a dismissal or disposition of this action against any party. If further proceedings become necessary, any party may initiate them in the same manner as if this order had not been entered.”
For now, it’s unclear what the future holds for consumers who may have purchased affected Morphe products and are concerned. Phillips Law Group will keep an eye on the proceedings and watch for updates, but in the meantime, if you believe you have a defective or dangerous cosmetic product, please don’t hesitate to call our law firm for advice.
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