Morphe Lawsuit 2024 over Eyeshadow Color Additives

Are you a beauty enthusiast? Perhaps you enjoy using eyeshadow palettes often.

What happens when your beloved makeup palette presents unexpected issues?

This is a reality for some users of Morphe eyeshadow palettes, who have encountered issues leading to lawsuits against the popular brand.

In this article, we’ll break down the story behind the eyeshadow palette brand Morphe lawsuits and what it means for your makeup routine.

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Background of the Morphe Company

Morphe, LLC, established in 2008, has swiftly risen to become prominent in the beauty industry. Founded by brother-sister duo Chris and Linda Tawil, Morphe started as a makeup brush company in Los Angeles.

Over the years, it expanded its product range to include a variety of cosmetics, including eyeshadow palettes, brushes, lipsticks, concealers, and more.

Morphe’s success can be attributed to its strategic collaborations with influencers and makeup artists, leveraging social media platforms to reach a vast audience of beauty enthusiasts. By partnering with popular beauty influencers, Morphe has effectively cultivated a loyal customer base and solidified its position as a trendsetter in the beauty community.

One of Morphe’s standout products is its eyeshadow palettes, known for their extensive shade ranges, high pigmentation, and affordable price points. These palettes have become popular among makeup enthusiasts and professionals, contributing to Morphe’s success and popularity.

However, the company has faced lawsuits related to the quality and safety of its products. Allegations of skin irritation, allergic reactions, and product inconsistencies have led to consumer concerns and legal actions against Morphe.

Color Additives in Morphe Eyeshadow Palettes

Before being used in a product, the majority of color additives, including dyes, pigments, or other substances used for imparting color to food, medicine, or cosmetics, need approval by the Food and Drug Administration (FDA) in the United States.

The FDA evaluates a color additive’s safety as part of the approval process, which is defined as “convincing evidence” that the material won’t be harmful when used as intended. The safety of a color additive is often assessed by testing for carcinogenicity, cutaneous toxicity, irritation, sensitization, and oral toxicity.

The FDA regulations prohibit using color additives in the area around the eyes unless specifically permitted. This includes the skin around the eyes, eyebrows, eyelids, lashes, and more.

It’s important to remember that color additives are only permitted for their precise, controlled uses. Put differently, a color additive cannot be used in products meant to be applied to the eye region unless its regulation expressly permits it.

Overview of the Morphe Lawsuit

On February 4, 2022, Crystal Damato, Amanda Montgomery, and Taylor Maxwell are suing Morphe, LLC, along with associated companies, for alleged wrongdoing.

This lawsuit is about eyeshadow palettes and other eye makeup products causing harm to users. The Morphe lawsuit claims that the palettes are not safe to use as intended, because specific color additives are present in the makeup.

According to the lawsuit, certain of Morphe’s eyeshadow palettes gave users serious eye discomfort, edema, and even infections. The corporation is facing a class-action lawsuit as a result of these purported negative effects.

According to the lawsuit, Morphe LLC and its co-defendants, Morphe Management Holdings LLC, Forma Brands LLC, and Forma Beauty Brands LLC, falsely promoted their makeup products as safe for use around the eyes while also making an effort to conceal the fact that the products include dangerous color additives.

The plaintiffs contend that Morphe did not sufficiently alert customers to the risks that could be involved with using their products, and they are seeking damages for pain and suffering brought on by these purported adverse effects in addition to payment for medical costs.

This Morphe lawsuit aims to hold the defendants accountable for their actions and provide relief for those affected.

Plaintiff’s Experience on Morphe Palette

Crystal Damato

Crystal Damato, along with her child, purchased and used Morphe Eye Makeup products such as the Morphe 35D, Morphe 35M, and James Charles eyeshadow palettes between 2018 and 2021.

Through Morphe’s marketing, she believed the products to be safe for her eyes. However, she was unaware of any warnings or safety issues associated with the products.

Suddenly, Damato’s child experienced severe eye irritation and required medical attention. Damato alleges that Morphe’s representations were false and misleading, as the products contained harmful color additives unsuitable for the eye area. This resulted in financial loss and injury to her.

Damato claimed that had she known about the defects in the products, she would not have purchased them or would have paid less.

Amanda Montgomery 

Amanda Montgomery, a resident of San Diego, California, started using Morphe eye makeup in 2017, including eyeshadow palettes like the 3502, 35R, and Jaclyn Hill collections. She relied on Morphe’s representations regarding product safety but later found that the makeup contained harmful ingredients not approved for eye application by the FDA.

Montgomery experienced adverse reactions, including skin staining and inflammation, after using the products. She alleges that Morphe’s deceptive practices led to financial losses as she paid for products that were unfit for use.

Montgomery seeks restitution for her losses, contending that she would not have purchased the products had she been aware of their misleading marketing.

Taylor Maxwell

Taylor Maxwell, a resident of Wahiawa, Hawaii, purchased various Morphe Eye makeup products from a beauty store in Tennessee between 2018 and 2020. Maxwell claimed that she believed the depiction of the defendants regarding the safety of the products for cosmetic use around the eye area.

Maxwell alleged that the products led to skin staining after use, particularly from certain shades in the eyeshadow palettes. She argued that the defendants’ representations were false and misleading, which resulted in injury and financial loss for Maxwell and other consumers.

Maxwell seeks compensation for the harm suffered due to the defendants’ deceptive practices and fraudulent business conduct.

Morphe Lawsuit List of Products: 

Claims against Morphe Products

• Breach of Implied Warranties and Song-Beverly Consumer Warranty Act
• Unjust Enrichment
• Violation of the California False Advertising Law
• Violation of the California Consumer Legal Remedies Act
• Violations of the California Unfair Competition Law
• Negligence – Failure to Test
• Negligence – Failure to Warn
• Strict Products Liability – Defective Design & Manufacture

List of Color Additives in Morphe products

The harmful ingredients of the palettes, making the products both unsafe and unlawful to sell. According to the Morphe lawsuit, the products use FDA banned color additive including:

• FD&C Red No. 4
• D&C Red No. 6, 7, 17, 21, 22, 27, 28, 30, 31, 33, 34, 36
• D&C Violet No. 2
• D&C Yellow No. 7
• D&C Violet No. 2
• D&C Yellow No. 7, 8, 10, 11
• D&C Orange No. 4, 5, 10, 11
• D&C Green No. 6, 8
• D&C Brown No. 1
• D&C Blue No. 4
• FD&C Yellow No. 6
• D&C Yellow No. 7
• FD&C Green No. 3

Morphe Filed Bankruptcy

A proposed class action against Morphe LLC has hit a roadblock due to its parent company, Forma Brands, filing for Chapter 11 bankruptcy on January 12, 2023. This development has left the future of the potential Morphe class action uncertain for concerned cosmetic consumers.

The class action, initially filed in California, claimed that using Morphe cosmetics near the eyes could lead to severe eye irritation, skin discoloration, rashes, and allergic reactions.

Despite the presence of these banned color additives, the lawsuit alleges that Morphe continued to promote and advertise these products for use in the eye area, even featuring images of models wearing the cosmetics as eye makeup in its advertising.

The Morphe cosmetics lawsuit argued that Morphe products were “inherently dangerous” due to the inclusion of FDA-banned color additives.

However, the proposed class action was put on hold and administratively closed following Forma Brands’ bankruptcy filing. U.S. District Judge Jon S. Tigar issued an order the next day, stating that the case was subject to an automatic bankruptcy stay. This order did not dismiss or conclude the case against any party but allowed for further proceedings if deemed necessary.

Morphe Lawsuit Update

On January 5, 2023, Morphe posted a tweet announcing that it has “made the difficult decision to close all Morphe stores in the U.S.”

In an unexpected development on January 16, 2023, the courts opted to put a pause on and administratively close the ongoing class-action lawsuit against Morphe. Consequently, the Morphe eyeshadow lawsuit is currently inactive, meaning all legal proceedings related to it have been temporarily halted. Although the cause of this administrative closure remains undisclosed, it is bound to impact the future trajectory of the case.

How to Join Morphe Lawsuit

Morphe has faced several lawsuits over time, focusing on issues like product safety, ingredient safety regulations, labeling accuracy, and allergic reactions.

If you’ve experienced adverse effects from Morphe products, it’s advised to gather evidence of your purchase and injuries, seek medical attention, and consider consulting with a skilled attorney specializing in product liability.

To conclude,

Eye shadow palettes undoubtedly enhance one’s beauty and confidence, while it is crucial to acknowledge the dangers associated with color additives. These additives, present in vibrant pigments and dyes, can pose risks to eye health and overall well-being.

As consumers, prioritizing safety and seeking products with minimal or safer additives can mitigate these risks. Ultimately, while the allure of dazzling eye makeup is undeniable, it’s essential to prioritize safety and mindfulness when selecting and using these products.