Wankyu Choi v. Mario Badescu Skin Care, Inc.

248 Cal. App. 4th 292, 203 Cal. Rptr. 3d 379, 2016 WL 1754236, 2016 Cal. App. LEXIS 484
CourtCalifornia Court of Appeal
DecidedJune 21, 2016
DocketNo. B257480
StatusPublished

This text of 248 Cal. App. 4th 292 (Wankyu Choi v. Mario Badescu Skin Care, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wankyu Choi v. Mario Badescu Skin Care, Inc., 248 Cal. App. 4th 292, 203 Cal. Rptr. 3d 379, 2016 WL 1754236, 2016 Cal. App. LEXIS 484 (Cal. Ct. App. 2016).

Opinion

Opinion

ALDRICH, J.—

INTRODUCTION

Jae K. Lee and Wankyu Choi sued Mario Badescu Skin Care, Inc., and Mario Badescu for marketing and labeling two face creams without disclosing all of the ingredients. Plaintiffs sought economic damages and equitable relief on behalf of themselves and a nationwide class of face cream purchasers. Before the class was certified, defendants agreed to settle the action. Nine class members, who timely objected, appeal raising numerous contentions. In the unpublished portion of this opinion, we hold that the objectors have not demonstrated error. In the published portion of this opinion, we hold that the one-time publication of the notice of settlement did not violate the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.; CLRA). Accordingly, we affirm the judgment.

[295]*295FACTUAL AND PROCEDURAL BACKGROUND

1. The complaint

In December 2012, the Korean Ministry of Food and Drug Safety suspended the sales of defendants’ Healing Cream after testing revealed the product contained two unlabeled corticosteroids, hydrocortisone and triamci-nolone acetonide. The recall advised consumers to cease using the cream and warned that long-term use of steroids could lead to skin atrophy and enlarged capillaries.

Plaintiffs Lee and Choi (together plaintiffs, the named plaintiffs, or class representatives) purchased defendants’ Healing Cream and used it.1 Their attorneys had the purchased creams tested by an independent laboratory and discovered the presence of 2610 pg/g of hydrocortisone and 1899 pg/g of triamcinolone acetonide. The named plaintiffs filed this consumer class action against defendants on behalf of all persons residing in the United States who purchased defendants’ Healing Cream.

The operative complaint alleged that defendants represented through marketing, advertising, labeling, and other forms of promotion, that the Healing Cream prevented acne scars and speeded up the healing process for irritated or acne-erupted skin,2 but “failed to disclose that [defendants’] Healing Cream products contain levels of Hydrocortisone and Triamcinolone Ac-etonide, which are steroid substances with serious side effects. [¶] . . . [¶] Triamcinolone is a synthetic corticosteroid used to treat various skin conditions. . . . Triamcinolone Acetonide ... is a DOCTOR’S PRESCRIPTION ONLY medicated cream . . . .” The complaint alleged that the class overpaid for the product because its value was diminished at the time it was sold to consumers. Had the class members been aware that the cream contained hydrocortisone and triamcinolone acetonide, they would not have purchased the product, would have paid less for it, or would have purchased another competing product.

The complaint asserted causes of action for violation of the CLRA; fraudulent concealment; false advertising in violation of Business and Professions Code section 17500, all of which violated Business and Professions Code section 17200; breach of express and implied warranties; [296]*296and false and misleading advertisement in violation of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. § 2301 et seq.). Plaintiffs sought an order certifying a nationwide class and a California subclass, and sought injunctive relief, restitution, monetary damages, punitive damages, and attorney fees. Defendants stopped selling the creams after the complaint was filed.

[[2. The litigation]]

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Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. App. 4th 292, 203 Cal. Rptr. 3d 379, 2016 WL 1754236, 2016 Cal. App. LEXIS 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wankyu-choi-v-mario-badescu-skin-care-inc-calctapp-2016.