Bath & Body Works has been a staple in shopping malls across the U.S. for what seems like forever. Many of us have just made or are planning on a trip to our local store to stock up on holiday gifts and take advantage of the iconic deals. But Bath & Body Works' popularity has also opened it up to backlash, and now, the company is facing a consumer lawsuit over some of its top sellers. Read on to find out why Bath & Body Works is being sued over "overpriced skin case products."
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Bath & Body Works sells a whole lot of moisturizer.
ShutterstockWhile Bath & Body Works has managed to cultivate cult followings for things like its three-wick candles, the company is best known for its plethora of body products.
Bath & Body Works offers hundreds of different scents for items like shower gel and perfumes. But the retailer isn't just pushing a smell-good campaign. Bath & Body Works also sells moisturizing products that promise "ultimate hydration" for customers.
With these offerings, the company highlights one ingredient in particular—hyaluronic acid. "What it does: leaves your skin feeling soft, smooth and replenished, just like your favorite body cream—but with hyaluronic acid," Bath & Body Works writes in the overview section of all its body creams.
Now, some shoppers are taking issue with the company's moisturizers, and with hyaluronic acid in particular.
The retailer is being sued over moisturizers.
ShutterstockA class action lawsuit against the company has been filed in California federal court over moisturizing products, Top Class Actions reported. According to the legal news outlet, the suit was filed by customers Carmen Perez and Andrea Brooks, who claim they were misled into buying Bath & Body Works’ Hyaluronic Hydrating Body Cream.
"Defendants trick consumers by making false claims about the capabilities of the ingredients within its products," reads the amended complaint filed in Oct. 2022. "Defendants do not disclose to consumers that its products and their ingredients are scientifically incapable of achieving the promised results."
The suit claims that Bath & Body Works is selling "overpriced skin care products."
ShutterstockThe lawsuit specifically targets Bath & Body Works' hyaluronic acid product lines. It states that the company markets that this ingredient "attracts and retains up to 1,000x its weight in water." According to Perez and Brooks, Bath & Body Works alleges that this helps to "make skin look smoother and more supple," which is a claim the company has used on in-store and online advertising.
But a California federal judge who recently ruled that the lawsuit could go forward—with some amendments—said that the plaintiffs provided significant evidence from scientific studies that show that hyaluronic acid only retains a small amount of water and not 1,000 times its own weight, as Bath & Body Works' has claimed.
"Defendants have profited enormously from its false marketing campaigns, while its customers are left with overpriced skin care products that do not live to Defendants promises," the lawsuit concludes.
Bath & Body Works is fighting back against these claims.
Manuel Esteban / ShutterstockBath & Body Works recently responded to the class action suit by filing a motion to dismiss the case on Dec. 6, Law Street Media reported. According to the outlet, Bath & Body Works' motion to dismiss notes that the original complaint had been "previously been dismissed for failure to properly allege standing for an injunction and claim that the amended complaint similarly fails."
The company says that the plaintiffs "failed to allege the requisite desire to purchase" any of Bath & Body Works' Hyaluronic Acid Products, Law Street Media further explained.
Bath & Body Works also said that it has stopped marketing and advertising these products with the "1,000 times" claim. The original Bath & Body Works’ Hyaluronic Hydrating Body Cream is no longer listed on the retailer's website, and no online marketing for the company's body creams references this claim either.
Best Life has reached out to Bath & Body Works for comment on the lawsuit and its motion to dismiss, but has not yet heard back.
