September 21, 2012 / 9:28 PM / 7 years ago

Maybelline long-lasting lipstick doesn't last, lawsuit says

Lipsticks are seen in the Maybelline booth at the Fall 2010 collections during New York Fashion Week February 15, 2010. REUTERS/Carlo Allegri

NEW YORK (Reuters) - Maybelline should blush, and pay up, for overstating how long it takes a popular brand of lipstick and lip gloss to wear off, according to a lawsuit filed on Friday.

Three women sued the cosmetics maker saying its Super Stay 14HR Lipstick and Super Stay 10HR Stain Gloss wear off and fade after only a few hours.

Carol Leebove, Wanda Santa and Denise Santiago accused the unit of L’Oreal SA of falsely advertising the staying power of both products, which sell for about $9.

According to a complaint filed in the U.S. District Court in Manhattan, Maybelline misled consumers by claiming that the lip gloss “stays vibrant and shiny, yet transparent, and won’t fade” for 10 hours, and that the lipstick has “super staying power.”

Rebecca Caruso, a spokeswoman for L’Oreal USA, said the company has not been served with the complaint, and does not discuss ongoing litigation.

The lawsuit alleges breach of warranty and violations of state consumer protection laws. It seeks class-action status, compensatory and triple damages, and other relief.

Leebove lives in West Bloomfield, Michigan; Santa in Jackson Heights, New York, and Santiago in Cliffside Park, New Jersey, according to court papers. Their lawyers did not immediately respond to requests for comment.

Maybelline is based in New York, and L’Oreal in Clichy, France, a suburb of Paris.

The case is Leebove et al v. Maybelline LLC, U.S. District Court, Southern District of New York, No. 12-07146.

Editing by Leslie Gevirtz

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