RevitaLash wins lawsuit against fake cosmetics seller

Athena Cosmetics, which makes the popular RevitaLash brand of eye lash, brow and hair products, has won a lawsuit against a California-based company it accused of trademark infringement.

AMN Distribution and its owner Moishe Newman were accused in the suit (Case number 2:2020cv05526) of trafficking in counterfeit versions of its cosmetics through a website called BrushExpress.com as well as numerous stores on eBay and other online marketplaces under various aliases.

In 2019, an Athena employee bought a product claiming to be RevitaLash Advanced eye lash conditioner that on inspection was found to be counterfeits in copycat packaging that used the same fake lot number, infringing six Athena trademarks.

The fakes also had a number of other differences from the genuine products, including non-commercial-grade 'scotch-tape' product wrapping, unusual font, colours and textures on packaging, and improperly sized non-English instruction manuals.

The lawsuit also claimed that the defendants acted as intermediaries, purchasing counterfeit Athena products in sufficient quantities to sell to other counterfeiters, who then would resell them to others in the US.

"We will do everything in our power to protect the integrity of the RevitaLash brand name and, most importantly, the safety of our customers," says Michael Brinkenhoff, RevitaLash' chief executive and founder.

A recently published study led by scientists at the University of Notre Dame found that more than half of 231 cosmetic products tested contained per- and polyfluoroalkyl substances (PFAS) – a group of harmful chemicals.

The compounds have been linked to immune system damage, harm to child development and the reproductive system and increased risk of certain cancers.

Meanwhile, last month an analysis of counterfeit MAC lipsticks in the Philippines found that almost all had levels of lead that exceeded regulations, placing female users at risk of hormonal changes, menstrual irregularities, infertility, miscarriage, pre-eclampsia, pregnancy hypertension, premature birth, low birth weight, and other birth defects.

"As the global leader in the category, we take great pride in our formulations, packaging and strict regulatory compliance," commented RevitaLash's global chief marketing officer Lori Jacobus.

"We will spare no expense when it comes to protecting our brand reputation, which we have worked 15 years to establish, and this victory serves as that message."

The company offers this advice to purchasers of cosmetics who want to avoid counterfeits:

"Counterfeit goods may be difficult to identify. Some things to look for include: missing shrink-wrap, pungent odour, discoloured or sticky product formula, damaged and/or expired boxes (or no box at all), missing inventory control numbers, misspellings, and more."