A recent class action lawsuit has been filed against a prominent cosmetics company, alleging deceptive marketing practices regarding its "Collagen" product line. The complaint, filed by Brian Kelly in the United States District Court for the Eastern District of New York on August 12, 2024, accuses Pixi, Inc. of misleading consumers by falsely advertising that their products contain collagen.
According to the lawsuit, Pixi, Inc. formulates, manufactures, advertises, and sells various cosmetic products under the guise of containing collagen throughout the United States. These products include items such as "Botanical Collagen & Retinol Serum," "Botanical Collagen LipGloss," and "Botanical Collagen Tonic." However, the plaintiff alleges that these products do not contain actual collagen but instead use an imitation derived from acacia seyal gum extract—a synthetic extract from the bark and stems of the Acacia seyal tree.
The plaintiff claims that this misrepresentation is systematically misleading and has caused consumers to believe they are purchasing a sought-after ingredient known for its anti-aging benefits. Kelly asserts that he purchased these products multiple times within the applicable statute of limitations, with his most recent purchase occurring in March 2024. He relied on Pixi's representations when choosing their products over others that did not make similar claims.
According to the complaint, “Plaintiff Kelly saw Defendant’s representations prior to and at the time of his purchases and understood them as a representation and warranty that the Products contained the sought-after and beneficial animal protein-based collagen.”
The lawsuit further highlights that genuine collagen is an animal protein found primarily in connective tissues such as skin, bones, and cartilage—substances not present in plants. The plaintiff argues that Pixi's use of acacia seyal gum extract instead of real collagen represents a significant cost-saving measure for the company while deceiving consumers into paying a premium price.
Kelly is seeking several forms of relief from the court. He requests compensatory damages for himself and all other similarly situated individuals who were misled by Pixi's false advertising. Additionally, he seeks statutory damages, punitive damages, restitution, equitable monetary relief, prejudgment interest on all amounts awarded, reasonable attorneys’ fees and expenses, and costs of suit.
Representing Brian Kelly in this case are attorneys Adrian Gucovschi and Benjamin Rozenshteyn from Gucovschi Rozenshteyn PLLC. The case has been assigned Civil Action No. 1:24-cv-05635.