Lierac Body-Slim Class Action Investigation

We are investigating Ales Group, U.S.A., Inc.’s  Lierac Body-Slim products.  The issue is whether Ales has made false representations to deceive women into believing that by simply applying expensive creams and serums, they can obtain relief from “cellulite.”

FREE CONFIDENTIAL CASE EVALUATION – LIERAC ANTI-CELLULITE 

“‘Cellulite’ is a word first coined in France sometime around 1920 to describe the dimpled, uneven appearance of skin caused by the distribution of subcutaneous fat, particularly around the hips, thighs, and posterior of women. Primed by unrelenting pressure to appear youthful and attractive, women have been presented with “anti-cellulite” products in recent years.

Ales has marketed anti-cellulite products by presenting idealized, possibly photo-shopped images of young models in association with their “body slim” line of skin products, and by promoting the idea that the normal human imperfection of cellulite can be fixed by applying consumer goods.

Ales has made claims that its products work against “unwanted bodily curves.” Ales has made, and continues to make claims and promises to consumers about the efficacy of its Lierac Paris Body-Slim line of cellulite products, (collectively “Lierac Body-Slim” or “Lierac Body-Slim Cellulite Products”).

Do Lierac Body-Slim Cellulite products live up to advertised claims?

For example, one in-store display claims, “You’re only 2 weeks from a firmer, smoother body.”Body Slim Ad

Is the premise that there are slimming or cellulite-banishing effects available through the application of any cream, ointment, supported by credible scientific evidence?

According to our research, there is a long line of peer-reviewed scholarly articles, and credible medical opinions revealing the ineffective and useless nature of anti-cellulite creams.

Is there a product on earth that by mere application to human skin, can bring about a “firmer, smoother body,” “[h]elp[] correct the appearance of all visible signs of stubborn cellulite,” or live up to various other claims made by Ales to promote its Lierac Body-Slim Cellulite Products?

Molly Wanner, MD, MBA, and Mathew Avram, MD, JD, both of Massachusetts General Hospital and Harvard Medical School, after carefully studying cellulite, its causes, and attempts at stopping it, have published their conclusion that cellulite is a normal condition affecting virtually all women, for which there is no effective remedy to be found on the shelves of a drug store:

“Cellulite is the characteristic, nonpathologic appearance of dimpled, ‘cottage cheese-like’ skin surface change typically seen in women on the thighs and buttocks. It is commonly seen on the abdomen, breasts, and arms. Given that the occurrence of cellulite is nearly universal in post-pubertal females, it is thought of as a female secondary sex characteristic. Nevertheless, it can be a distressing condition and patients spend billions of dollars on treatments that are largely ineffective.”[1]

Facts Relating to Ales’ Body-Slim Anti-Cellulite Claims

Ales markets a line of anti-cellulite products through its Lierac “Body-Slim” brand. There are at least seven products in this line:

Lierac Body-Slim Multi-Action Concentrate

Lierac Body-Slim Stomach and Waist

Lierac Body-Slim Stubborn Areas

Lierac Body-Slim Destock Night

Lierac Body-Slim Oil

Lierac Body-Slim Triple Action

Lierac Body-Slim Day and Night Duo

Each of these products specifically promises, by statements on its packaging, to reduce the appearance of cellulite and/or have a slimming effect on the user. In particular, the product packaging contains the following statements:

Lierac Body-Slim Multi-Action Concentrate packaging

 BODY-SLIM

MULTI-ACTION CONCENTRATE

COMPLETE BODY CONTOURING

. . . .

Helps correct the appearance of

all visible signs of stubborn cellulite:

dimpled skin, loss of firmness,

excess water retention

improves skin quality

. . . .

Visible results in just 14 days*

-Reduction in the appearance of cellulite

and orange peel skin 100%**

-Refining effect on thighs and hips 96%**

-Firmer skin 93%**

Study conducted with 29 women

*Clinical study with instrumental measurements recorded after 14 days –

**Self-assessment after 56 days

Lierac Body-Slim Stomach and Waist packaging (Exhibit 2)

BODY-SLIM

STOMACH & WAIST

MULTI –ACTION CONCENTRATE

AGAINST UNWANTED ABDOMINAL CURVES

.   .   .   .  

“Flat stomach” effect

Helps refine the waist

Firms and tightens the skin

Firms the skin

Helps reduce excess water

.   .   .   .  

Visible results in just 14 days.

After 28 days:

– Reduction in the appearance of

abdominal fat 91%*

(average reduction of abdomen

circumference: 3.34 cm** and of

waist circumference: 1.46 cm**)

– firmed skin 97%*

Study conducted with 34 women

*Self-assessment after 28 days

**Clinical study with instrumental measurements after 28 days

 Lierac Body-Slim Stubborn Areas packaging: (Exhibit 3)

BODY-SLIM

STUBBORN AREAS

SLACKENED & STUBBORN AREAS – FIRMING

LIFTING SERUM AGAINST EMBEDDED CELLULITE

.   .   .   .

Firming Lifting Serum Against Embedded Cellulite

Helps Firm and Shape Inner Arms & Thighs

Reduces the Appearance of Cellulite in Stubborn Areas

.   .   .   .  

RESULTS IN JUST 14 DAYS

Improved tone on inner arms: 85%* and thighs: 90%*

Reduction in the appearance of stubborn cellulite: 77%**

Lifted skin: 83%***

*Study conducted with 19 volunteers after 28 days of use – % of subjects improved

Study conducted on the active ingredient

**Self-assessment after 14 days conducted with 48 volunteers

***Self-assessment after 28 days conducted with 52 volunteers

Lierac Body-Slim Destock Night packaging: (Exhibit 4)

BODY-SLIM

DESTOCK NIGHT

NIGHT-TIME BODY CONTOURING

INTENSIVE CONCENTRATE

.   .   .   .  

Helps fight the appearance of

stubborn cellulite while you sleep

Helps release stored fat

Helps reduce fat storage

.   .   .   .  

9 out of 10 WOMEN[1]

“DIMPLED SKIN” IS SMOOTHED:

IMPROVEMENT IN SKIN PROFILE

MEASURED EFFECTIVENESS AFTER JUST 14 DAYS[2]

[1]Self-assessment by 29 women after 28 days

[2]Clinical study with instrumental measurement conducted

among 31 women

Lierac Body-Slim Oil packaging: (Exhibit 5)

BODY-SLIM

DRAINAGE

DRAINAGE-ENHANCING

BI-PHASE OIL

AGAINST “DIMPLED SKIN”

.   .   .   .  

Smoothes the appearance

of “dimpled skin”

Helps fight excess

water retention

.   .   .   .  

96%* ANTI-CELLULITE EFFECT

MEASURED EFFECTIVENESS AFTER JUST 14 DAYS

*Thighs – Self-assessment after 14 days –

Study conducted with 28 women

Lierac Body-Slim Triple Action packaging (Exhibit 6)

BODY-SLIM

TRIPLE ACTION

SMOOTHING

BODY-CONTOURING

CONCENTRATE

.   .   .   .  

Smoothes the appearance

of “dimpled skin”

Firms the skin

Helps reduce excess water

.   .   .   .  

96%* BODY CONTOURING EFFECT ON THIGHS AND

MEASURED EFFECTIVENESS AFTER JUST 14 DAYS

*Self-assessment after 56 days

Lierac Body-Slim Day and Night Duo is two-pack package containing Body-Slim Multi-Action Concentrate and Body-Slim Destock Night. In addition to the representations on the individual boxes, as previously detailed, Lierac Body-Slim Day and Night Duo packaging (Exhibit 7) claims:

BODY-SLIM DAY & NIGHT DUO

24 HOUR INTENSIVE TREATMENT

. . . .

Firming and shaping formulas to help reduce the appearance of cellulite

and dimpled skin night and day

Lierac Body-Slim Slackened & Stubborn Areas Firming Lifting Serum Against Embedded Cellulite (Exhibit 8).

BODY SLIM

SLACKENED & STUBBORN AREAS – FIRMING LIFTING SERUM AGAINST EMBEDDED CELLULITE

.   .   .   .  

Helps firm and shape

inner arms and thighs

Reduces the appearance

of cellulite in stubborn areas

.   .   .   .  

2% patented WTB SYSTEM [sacred lotus – white willow – peptide]

12.5% LIPO-REVERSE [10% active caffeine

+ 2.5% glaucine complex]

1% anti-glycation complex

5% sesame extracts.

.   .   .   .  

Results after just 14 days

Improved tone on inner arms: 85% and thighs: 90%

Reduced appearance of stubborn cellulite: 77%

Lifted skin: 83%

Any studies appearing in product footnotes may lack credibility, due to this non-exhaustive list of flaws:

  • Ø not published or subjected to critique or peer-review by the scientific community
  • Ø based upon self-reporting of subjects
  • Ø unblinded – i.e. not a double blind placebo-controlled trial
  • Ø small sample size
  • Ø no meta-analysis of other cellulite studies
  • Ø possible test subject selection bias

 

The Lierac Body-Slim products are expensive ($50 – $80) but do they serve a real purpose or benefit to consumers?

The Scientific Community’s Rejection of Anti-Cellulite Claims

According to the first scholarly paper written on the topic of cellulite, “[I]t is an important obligation of physicians to teach the fact that so-called cellulite is not a disease, but is the result of the sex-typical structure of the skin of women and a natural consequence of aging,” and “there is up to now no other cosmetic or medical (short of surgical) treatment to improve so-called cellulite, certainly none at all to cause complete disappearance of it.” Nürnberger, F. and Müller, G. “So-Called Cellulite: An Invented Disease.”   The Journal of Dermatologic Surgery and Oncology (1978) 4:3 221-9.

Medical practitioners still soundly reject the notion that any topical product can effectively treat the condition of cellulite:

  • “At this point, there is no outstanding treatment for cellulite.” (Dr. Molly Wanner, dermatology instructor at Harvard Medical School. See St. Louis, Catherine. “Treating Cellulite? It’s Still There.”[2] The New York Times (June 24, 2009).   See also Wanner, Molly. “An evidence-based review of existing cellulite-reduction treatments.” Journal of Drugs in Dermatology. (2008) April 7(4):341-5.
  • “It’s a Madison Avenue term. It’s a normal variant of fat that shows as dimples. There’s no way a cream or pounding will change that fat.” (Dr. Samuel J. Stegman, associate clinical professor of dermatology at the University of California at San Francisco). See Wells, Linda. “Beauty; Battle of the Bulge.”[3] The New York Times, July 3, 1988.
  • “It’s not a happy situation for women who want to get rid of it because we don’t know how to treat it.” (Dr. Arthur Shipp, clinical professor of plastic surgery at Albert Einstein College of Medicine in New York who conducted an extensive cellulite study. See Carr, Amy. “Erasing Cellulite.”[4] Daily Herald (Arlington Heights) June 7, 1998.
  • “[A]ccording to 27 years of medical literature recently reviewed in The Journal of Cosmetic and Laser Therapy, scientific proof that creams make a real, lasting difference does not exist. ‘There is no evidence to show that any topical medications improve cellulite.’” (Dr. Mathew Avram, Harvard Medical School). See Siegel, Jessica. “Fat Chance.”[5] The New York Times, August 15, 2005.
  • “According to [UCLA’s David Geffen School of Medicine Dr. Jenny] Kim, no studies have convincingly shown that cellulite creams do any good on actual bodies.” Woolston, Chris. “Little proof of cellulite cream success.”[6] Los Angeles Times, November 3, 2008.
  • “I don’t think the evidence is there to recommend spending money on a cellulite cream,” says Dr. Molly Wanner, a dermatologist at Massachusetts General Hospital in Boston and an instructor at Harvard Medical School. Id.

In January 2014, The Federal Trade Commission announced a settlement enjoining a cosmetics company from making deceptive cellulite cream claims.   See “FTC Approves Final Consent Settling Charges that L’Occitane, Inc. Misled Consumers to Believe that Creams Could Slim Their Bodies.[7] In that case, the FTC alleged that L’Occitane violated the Federal Trade Commission Act because it advertised a cream that “helps to visibly reduce the appearance of cellulite,” and “reduces cellulite.” See Complaint, In re L’Occitane, Inc. a corporation, FTC file No. 122 3115[8].

Ales sells Lierac Body-Slim to United States consumers through a variety of different channels, including through independent retailers (such as CVS, Walgreens, Amazon, Drugstore.com), and through Ales’ website, http://www.lierac-usa.com.

[1] Wanner M, Avram M. “An evidence-based assessment of treatments for cellulite.” J Drugs Dermatol. 2008 Apr;7(4):341-5.

[2] http://www.nytimes.com/2009/06/25/fashion/25skinintro.html?_r=0, last accessed November 19, 2015.

[3] http://www.nytimes.com/1988/07/03/magazine/beauty-battle-of-the-bulge.html, last accessed November 19, 2015.

[4] https://www.highbeam.com/doc/1G1-68783688.html, last accessed November 19, 2015.

[5] http://www.nytimes.com/2005/08/15/opinion/fat-chance.html, last accessed 11/19/15.

[6] http://www.latimes.com/health/la-he-skeptic3-2008nov03-story.html, last accessed November 19, 2015.

[7] https://www.ftc.gov/news-events/press-releases/2014/04/ftc-approves-final-consent-settling-charges-loccitane-inc-misled, last accessed November 19, 2015

[8] https://www.ftc.gov/system/files/documents/cases/140408loccitanecmpt.pdf, last accessed November 19, 2015

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