A recent lawsuit challenges the labeling practices of a major personal care product manufacturer, alleging that consumers were misled into believing certain body mist products were free of alcohol when they actually contained an alcohol-based ingredient. The complaint was filed by Kaira Brown in the United States District Court for the Eastern District of New York on May 4, 2026, naming DLC Laboratories, Inc. as the defendant.
According to the court filing, Brown brings this case individually and on behalf of all others similarly situated who purchased De La Cruz Rose Water Body Mist and De La Cruz Lavender Water Body Mist. The plaintiff alleges that DLC Laboratories markets these products as “Free of Alcohol,” which is prominently displayed on their front labels. However, the complaint asserts that both products contain phenoxyethanol—described in the filing as an ethyl alcohol used as a preservative in cosmetics.
The document outlines that DLC Laboratories develops, markets, and sells skincare and fragrance products nationwide through various retail channels. It states: “Defendant intentionally misleads consumers into believing that the Products are made without any alcohol. It does this because consumers believe that alcohol and alcohol-based ingredients can cause skin dryness and irritation.” The plaintiff cites guidance from the U.S. Food and Drug Administration regarding cosmetic labeling and notes that phenoxyethanol meets the definition of an alcohol ingredient.
Brown claims she purchased a bottle of De La Cruz Rose Water Body Mist at T.J. Maxx in Staten Island in August 2025 after reviewing its packaging and relying on its “Free of Alcohol” representation. She argues that she would not have bought the product or would have paid less had she known it contained an alcohol-based ingredient. The complaint further alleges: “Plaintiff and Class members relied to their detriment on Defendant’s Alcohol Representation… Plaintiff and Class Members thus suffered monetary damages as a result of Defendant’s deceptive and false representation.”
The lawsuit details several legal claims against DLC Laboratories: violation of New York’s General Business Law Section 349 (Deceptive Acts and Practices), violation of Section 350 (False Advertising), breach of express warranty under New York’s Uniform Commercial Code Section 2-313, and fraud by misrepresentation. In support of these claims, Brown contends that reasonable consumers interpret “Free of Alcohol” to mean no form of alcohol is present—including preservatives like phenoxyethanol—and that there are no disclaimers or clarifications on product labels to indicate otherwise.
Citing previous court decisions, the complaint states: “a company can’t say something misleading on the front of a label and escape liability by stating ‘that’s not actually what we mean’ in fine print on the back.” It also references consumer research suggesting people seek out alcohol-free personal care items due to concerns about skin sensitivity or other preferences.
The plaintiff seeks class certification for all individuals who purchased at least one qualifying product in New York within the applicable statute of limitations period. The requested remedies include actual damages, statutory damages under state law (including treble damages where available), declaratory relief affirming violations by DLC Laboratories, injunctive relief requiring accurate labeling going forward, prejudgment interest, attorneys’ fees, expenses, costs of suit, and any other relief deemed appropriate by the court.
Attorneys listed for Kaira Brown are Innessa M. Huot (IM2886) at Faruqi & Faruqi LLP in New York City and Zachary M. Winkler (pro hac vice forthcoming) at Faruqi & Faruqi LLP in Philadelphia. The case is identified as Case No. 1:26-cv-02658.
Source: 126cv02658_Brown_v_DLC_Laboratories_Inc_Complaint_Eastern_District_New_York.pdf