Second Circuit Affirms Dismissal of Estée Lauder Advertising Suit

Skadden secured the affirmance of the dismissal of a putative class action alleging consumer fraud violations by Skadden client Estée Lauder. The plaintiffs challenged advertising claims for Clinique Repairwear anti-aging cosmetics products. On July 10, a U.S. Court of Appeals for the Second Circuit panel consisting of Judges Barrington Parker, Debra Ann Livingston and Christopher Droney affirmed the lower court's dismissal with prejudice, emphasizing that the plaintiffs failed to provide information as to why each product did not work as advertised and why any specific advertising claim for each specific product was false