State officials are cautioning consumers to carefully read labels before purchasing cosmetics such as mascara whose marketers claim their products will grow "longer, thicker" eyelashes.
The precautions come as a result of two recent legal agreements with cosmetic companies who were allegedly using ingredients unapproved by the FDA in their products. Davidson County Circuit Court Judge Joe P. Binkley, Jr. has approved an agreement between the State of Tennessee and Peter Thomas Roth, LLC. The agreement resolves a lawsuit filed by the Attorney General's Office and Tennessee Division of Consumer Affairs regarding allegations against cosmetic manufacturer Peter Thomas Roth, LLC over its marketing of the eyelash products "Lashes to Die For", "Brows to Die For" and "Lashes to Die For Platinum."
The eyelash products were marketed and sold in Tennessee as products that were allegedly designed to grow longer, thicker eyelashes. These products were sold at Sephora stores, or via the internet through Amazon.com. The State alleged that the products' ability to grow eyelashes arises because they may contain an analog or derivative of the drug compound prostaglandin. If the products contain this drug compound, the State alleged that Peter Thomas Roth should have obtained FDA approval prior to marketing and selling the products in Tennessee, and should have made certain disclosures to consumers.
As part of the agreement, Peter Thomas Roth has voluntarily agreed to stop selling these and similar products in Tennessee without first obtaining approval from the FDA. Peter Thomas Roth denied wrongdoing.
"Although there were no complaints from Tennesseans," Attorney General Cooper said, "we are satisfied the company agreed to stop sales and comply with the law before anyone could be harmed."
Gary Cordell added, "We are pleased this matter has been resolved and that the State's investigation commenced quickly so that Peter Thomas Roth's sales to Tennessee consumers of the eyelash growth products were minimal."
This is the second settlement the Attorney General and Division have entered into regarding eyelash products. The State also entered into a settlement with Nutra-luxe, LLC in February of 2013 involving their eyelash products called "Beautylash". That settlement was approved by Judge Hamilton Gayden and a bankruptcy judge. In that case, the company also ceased selling the products. Their products were sold to Tennessee consumers via Amazon.com. Nutraluxe denied wrongdoing in the settlement documents. You can view the filings relating to the Peter Thomas Roth, LLC by going to: http://www.tn.gov/attorneygeneral/cases/roth/roth.html and the Nutraluxe filings by going to http://www.tn.gov/attorneygeneral/cases/nutraluxe/nutraluxe.html.
Consumers who have complaints about Peter Thomas Roth, LLC, or any individuals or businesses engaged in unfair or deceptive trade practices are encouraged to contact Consumer Affairs at either of the numbers listed above. Complaints also may be filed online at http://tn.gov/consumer/consCompFrm.shtml.