The background: The National Toxic Encephalopathy Foundation (NTEF) has been campaigning (in the courts and in the media) against Clarins' Thierry Mugler Angel perfume. NTEF says Angel contains coumarin, and that coumarin is a "dangerous ingredient". See Thierry Mugler Angel a drug? and Thierry Mugler Angel a drug?, part 2.
Many of us wondered why they were picking on Angel, which is not the only perfume with coumarin. The answer, from a Clarins spokesman:
He said NTEF president Angel De Fazio had filed a lawsuit against Clarins in October 2004 claiming that one spray of the company's Angel Parfum had left her permanently disabled.
That lawsuit was dismissed earlier this year. Read more at Clarins defends itself against interest group attacks in Cosmetics Design.
Well, this is interesting. Not only was the lawsuit dismissed (a small miracle these days), it was found to be without merit and the plaintiff was sanctioned. Having done some toxic tort defense work (which is what this case is), I can honestly say that this is no small feat. This plaintiff apparently has it in her head that Angel has ruined her life and that the company must suffer – this is very personal to her or she wouldn't be holding on like this. I'm sure many people feel sorry for this woman – she needs help – but I can't muster much sympathy given how much frivolous lawsuits and smear campaigs cost.
Michelle put it so much nicer than I would.
One allergy attack that prevents you from ever working again? Smells like BS to me.
I can't claim to be unbiased but I try! I am still amazed at the number of BS lawsuits filed that companies settle because it's cheaper than fighting…and they are damn near impossible to get dismissed, at least in the early stages before the defense costs skyrocket, because everyone is entitled to their day in court.
I was actually surprised at how little she was ordered to pay Clarins — would have thought it would be much more than that.
If it was kicked out on a motion to dismiss, then it's fairly early in the litigation and may not have been that costly. Motions to dismiss can be filed (at least, in some states) in lieu of answering a complaint – so parties don't have to go through the discovery process which is very expensive.
If it was kicked on summary judgment, then I'd expect it to cost more money, as that means the parties went through discovery (interrogatories, document requests, depositions – both for fact witnesses and experts, etc.).
I get headaches from the perfume, though i love it. but i would never sue the company for that. coumarin is in a lot of natural ingredients cremes, which i use, and if it would harm then i will be first to know it. this is just american crazyness…