Algarin v. Maybelline: Survey Evidence Of Purchaser Behavior Defeats Class Certification

A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class certification in a lawsuit challenging Maybelline's allegedly false and deceptive advertising regarding its SuperStay 24-hour lipcolor and skin foundation products. Algarin v. Maybelline LLC, Case No. 12cv3000 AJB (DHB). The plaintiffs alleged that they paid a premium for Maybelline's products, which purportedly did not last for 24 hours as promised, and that the company's representations would deceive the reasonable consumer.