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Estee Lauder sued over skin-care claims
Report: Florida woman's suit says company's skin-care products don't have 'anti-aging' benefits.
June 16, 2005: 8:45 AM EDT

NEW YORK (CNN/Money) - A 62-year-old woman is suing cosmetics company Estee Lauder, saying their skin-care products promised to control the visible signs of aging, but didn't deliver, a newspaper report said Thursday.

"These things really don't live up to what they claim," former flight attendant Diane Hutto told the Miami Herald. "I've never been looking for a fountain of youth. I just want to hold back the ravages of time as much as possible."

Hutto wants the U.S. District Court in Miami to certify her lawsuit as a class action, allowing other consumers to join the suit, the newspaper said.

Hutto's lawyer told the paper that the damage per plaintiff would be less than $300 but that the total claim could exceed $5 million based on the size of the class, said Howard M. Rubinstein, a lawyer representing Hutto.

New York-based Estee Lauder (up $0.14 to $39.59, Research) spokeswoman Janet Bartucci cited company policy in declining to discuss the lawsuit. ''But we stand behind the products 100 percent,'' she told the Herald.

Similar actions

The 11-page federal lawsuit filed last week follows a similar action initiated in December in Superior Court in San Diego against Estee Lauder, Avon Products (up $0.03 to $37.85, Research), Revlon (unchanged at $3.11, Research), Maybelline, Mary Kay and 20 other cosmetics companies and retailers that sell the products. That case has about 30 plaintiffs, the Miami Herald reported.

While Hutto's suit didn't mention the products she purchased, she told the Herald that she used for about a year Future Perfect Anti-Wrinkle Radiance Lotion and DayWear Plus to ''tighten the skin'' around her neck, and paid $65 and $45 each for 1.7-ounce jars respectively.

According to the Food and Drug Administration, skin-care products that tout ''anti-aging'' benefits or claim to ''counteract,'' ''retard'' or ''control'' aging may be considered drugs and subject to federal regulation, the newspaper said.

But FDA spokeswoman Kimberly Rawlings told the Herald that the agency could not provide any information regarding enforcement actions against cosmetics companies.

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