Law360 and the New Jersey Law Journal Report on Kelley Drye Defeating Proposed Class Action against Lush Cosmetics
March 22, 2017
The Kelley Drye team, led by partner Geoffrey W. Castello, representing Lush Cosmetics was mentioned in the Law360 article “Lush Beats Suit Alleging Website Terms Shirk NJ Law” and New Jersey Law Journal article “Suit against Cosmetics Website Held Futile Without Showing of Harm.”

New Jersey federal Judge Jerome B. Simandle tossed a proposed class action alleging that the terms of the Lush’s website violated the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). The Judge agreed with Lush’s argument that the shopper has not alleged an injury sufficient to establish standing because she admitted that she didn’t read the terms of use and has no claim against the company that those provisions would limit.

To read the full Law360 article, please click here and the New Jersey Law Journal, please click here.  Access may require subscription.