Certification has been granted by District Court Judge Christina A. Snyder of the Central District of California to two consumer subclasses in an action alleging that L’Oréal USA Inc. and L’Oréal USA Products Inc. failed to warn buyers of flammability in its Garnier Fructis Sleek & Shine Anti-Frizz Serum.

This story first appeared in the May 17, 2012 issue of WWD. Subscribe Today.

The complaints allege that the defendants had failed to label the frizz-reducing product as combustible or flammable near flame, ignition or high-heat-producing styling appliances, and misrepresented the product as safe to use with such implements, according to court documents.

The defendants argued that plaintiffs’ claims are not suitable for class treatment, citing Dukes v. Wal-Mart, in which the Supreme Court refused to allow a class-action suit in an employment discrimination case in 2011.

Despite the opposition, the Court on May 7 maintained that plaintiffs have adequately alleged economic injury for the class suit.

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The original plaintiffs — Jill Guido, a California resident; Natalie Lefebvre of Texas; Catherine Altamura, a California resident, and Lisa Pearly of New York — filed the motion for class certification on Feb. 2, seeking recognition of a California class and New York class for any person who purchased the Serum during the period from Feb. 4, 2008, to the present. According to court documents, during the class period, defendants sold approximately 9.9 million units of the Serum in the U.S.

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