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ARTICLE · 12 AUGUST 2018

Is The Statement "Gently Removes Makeup" Puffery?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Megan McAteer said that she went to a Target store and bought some "Up & Up Makeup Remover Cleansing Towelettes," which are manufactured and sold by Target.

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Megan McAteer said that she went to a Target store and bought some "Up & Up Makeup Remover Cleansing Towelettes," which are manufactured and sold by Target. Target, she said, markets the wipes as ones that "gently" remove makeup and are "hypoallergenic."  In her lawsuit against Target, she alleged that after using the wipes, she "experienced a burning sensation and her faced turned bright red."  She then sued in federal court in Minnesota, alleging false advertising and other claims.  The court dismissed the case.  Here are some of the highlights of the court's decision. 

The plaintiff alleged that she was deceived by Target's representations that the wipes "gently remove makeup" and are "hypoallergenic" because she developed an allergic reaction after using them.  Target argued, however, that its claims were simply non-actionable puffery and that no reasonable consumer would be misled by these statements.  

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