RevitaLash Class Action: Lawsuit Alleges Undisclosed Side Effects

Case Overview: A class action lawsuit has been filed against Athena Cosmetics, alleging that their RevitaLash and RevitaBrow products contain a harmful ingredient and that the company failed to disclose the potential side effects.

Consumers Affected: Individuals who purchased RevitaLash or RevitaBrow products.

Court: U.S. District Court for the Central District of California

Athena Cosmetics, the company behind the RevitaLash and RevitaBrow products, is facing legal action for allegedly misleading consumers by failing to disclose the risks associated with its beauty serums.

A new lawsuit claims that Athena marketed its products as safe for enhancing eyelashes and eyebrows, without warning customers about the dangerous side effects of one of its key ingredients, prostaglandin analog DDDE, which is regulated by the FDA.

Lawsuit Claims Athena Cosmetics Failed to Disclose Side Effects of Lash and Brow Serums

New York resident Rebecca Rush filed the proposed class action lawsuit, alleging Athena violated state business laws, and committed unjust enrichment, breach of warranty, and more. 

Rush purchased Athena's RevitaLash and RevitaBrow serums in November 2021, paying over $100 for each product. She said like many other customers, she trusted the marketing and product labeling, which emphasized the safety and effectiveness of the serums for improving the appearance of lashes and brows. However, Rush began experiencing eye pain and inflammation after using the products.

According to the lawsuit, none of the packaging or advertising properly disclosed the risks associated with using the serums. Rush argues that had Athena been transparent about the potential side effects, she would have avoided buying the products or at least paid less for them. 

What Are RevitaLash Products and What Do They Do?

Athena markets several products, including RevitaLash Advanced Eye Serum and RevitaBrow Advanced Serum, as beauty products designed to enhance the length, thickness, and fullness of lashes and brows. These serums are advertised as containing natural ingredients and vitamins, which suggest they are harmless cosmetics.

However, the lawsuit claims the real reason for the products' effectiveness lies in a synthetic compound called DDDE, which stimulates hair growth. Customers have praised these serums for promoting longer and fuller lashes, but the lawsuit argues that Athena deceptively positioned the products as purely cosmetic, hiding the fact that they contain ingredients with drug-like effects.

What Is DDDE and What Are the Risks?

The key ingredient in the RevitaLash and RevitaBrow serums is dechloro dihydroxy difluoro ethylcloprostenolamide, a prostaglandin analog. PGAs, including DDDE, are known to stimulate hair growth, causing eyelashes and eyebrows to grow longer and thicker. They are used in prescription medications like Latisse, but these drugs are regulated by the FDA and require supervision from a licensed physician due to their potential side effects.

Some of the known risks of PGAs include eye irritation, chronic dry eye, inflammation, and discoloration around the eyes. The FDA has previously warned that products containing PGAs should only be used under medical supervision due to these health concerns. Athena, however, marketed its products as over-the-counter cosmetics without revealing these risks.

Lawsuit Accuses Athena Cosmetics of Bypassing FDA Regulations

The lawsuit accuses Athena of bypassing FDA regulations by marketing DDDE-containing products as cosmetics rather than drugs. While the FDA regulates prostaglandin analogs used in prescription medications, products sold as cosmetics aren't subject to the same strict standards. 

Athena has not obtained FDA approval for its RevitaLash and RevitaBrow serums, despite the fact that the serums contain ingredients known to affect hair growth and pose risks to users’ health.

The FDA has previously taken action against similar beauty products, warning companies that any product containing PGAs, such as DDDE, must be marketed as a drug and carry appropriate safety warnings. According to the lawsuit, Athena deliberately misled consumers by positioning its serums as safe beauty enhancers.

Other Lawsuits Involving Beauty Products

The RevitaLash lawsuit is part of a trend of legal actions targeting companies that sell beauty products containing undisclosed ingredients. Elixir Cosmetics recently settled a class action lawsuit for $2.3 million over allegations that it failed to warn consumers about the risks of an ingredient in its Babe Lash and Brow products. 

Similarly, Grande Cosmetics agreed to a $6.25 million settlement over claims that its lash and brow products contain an undisclosed drug that poses serious side effects. Meanwhile, the maker of DIY Lash Extension System, Lashify Inc., recently won a patent infringement case against Worldbeauty, being awarded  $30.5 million in lost profits and a 30% royalty rate. 

In other consumer legal action against cosmetic companies, skincare brand Osea International is facing a class action lawsuit over claims that its collagen cosmetics do not actually contain collagen. 

Meanwhile, teeth whitening company HiSmile endorsed by celebrities including Kim Kardashain, Rita Ora, Rosie Huntington-Whitely, and Lily Allen is being accused of building its entire brand on fraudulent marketing in a new class action lawsuit filed by consumers. 

In her class action lawsuit, Rush wants to represent consumers nationwide in her accusations against Athena Cosmetics of violations of New York business law, fraud, negligent representation, breach of warranty, negligence, and unjust enrichment. She is seeking damages, injunctive relief, fees, and costs.

Case Details

• Lawsuit: Rush v. Athena Cosmetics, Inc. 
• Case Number: 2:24-cv-08542 
• Court: U.S. District Court for the Central District of California 

Plaintiffs' Attorneys

• Peter J. Farnese (Farnese P.C.)
• Ruben Honik and David J. Stanoch (Honik LLC)

Have you used RevitaLash or RevitaBrow products? Share your experiences and thoughts in the comments below.