A recently filed U.S. class action lawsuit has raised questions around Avène products marketed as “0% preservative”, bringing cosmetic science and microbiology into the legal spotlight. According to the class action lawsuit, the companies falsely advertise their Avène skincare products as preservative-free despite containing a well-known preservative, ie citric acid.
Based on publicly available information, it is most likely that the products involved belong to Avène’s Sterile Cosmetics range, a line specifically designed around airtight, sterile packaging technology rather than conventional preservative systems.
What Is the Avène Sterile Cosmetics Range?
Avène has long promoted a subset of its products as preservative-free by design. Instead of relying on traditional cosmetic preservatives, these formulas are:
- Manufactured under sterile conditions
- Filled into airtight, contamination-proof packaging
- Protected from microbial ingress throughout consumer use
This approach allows the brand to claim “0% preservative” while still ensuring product safety — a strategy that is well-established in dermocosmetics and often used for hypersensitive or post-procedure skin.
The Role of Citric Acid in Cosmetics
Central to the lawsuit is the presence of citric acid in some of these formulations. From a cosmetic science perspective, this is where nuance matters.
Citric acid is commonly used in cosmetics for:
- pH adjustment
- Formula stabilisation
- Acting as a preservative booster or providing mild antibacterial effects, which are highly pH-dependent
Importantly, citric acid is not classified as a preservative under EU cosmetic regulation when used for pH control. Its antimicrobial activity is indirect and conditional, not equivalent to traditional broad-spectrum preservatives.
Why This Case Matters for the Industry
This lawsuit is notable because it pushes a technical scientific debate into a legal arena:
- What legally constitutes a “preservative”?
- Can multifunctional ingredients be interpreted as preservatives based on potential secondary effects?
- How should packaging-led preservation strategies be communicated to consumers?
As a result, cosmetic microbiology, formulation intent, and regulatory definitions are likely to take centre stage.
What Happens Next?
At this stage, no final determination has been made. It will be particularly interesting to see the outcome, as it may:
- Influence how preservative-free claims are framed globally
- Set precedents for multifunctional ingredients such as organic acids
- Force clearer communication between formulation science and marketing language
For now, the case serves as a reminder that cosmetic safety is achieved through systems, not just ingredients — and that legal interpretations do not always align neatly with formulation science.
Would you consider Citric acid as a preservative?