SUIT AGAINST LAUDER SURVIVES: A lawsuit seeking class-action status filed back in August 2013 by Donna Tomasino against The Estée Lauder Cos. Inc. has been allowed to proceed. U.S. District Court Judge Edward Korman on Thursday reversed an earlier decision in August 2014 dismissing the complaint. The plaintiff since then submitted an amended complaint with the Brooklyn federal court. It was Lauder’s move to dismiss the amended complaint that was decided by Korman on Thursday. Korman on Tuesday made an amendment to Thursday’s order, but the change does not affect the substance of last week’s ruling.
At the heart of Tomasino’s complaint were allegations that Lauder’s Advance Night Repair collection was advertised in a false, deceptive or misleading way and that the products “do not and cannot live up to” the advertised promised to repair DNA damage to make skin look younger. Executives at Lauder could not be reached for comment.