A proposed class action lawsuit alleges that Aquaphor Lip Repair — a widely used lip care product — has been falsely advertised as “preservative-free” despite containing an ingredient that functions as a preservative. The suit, filed in the U.S. District Court for the Eastern District of New York, highlights increasing consumer scrutiny around “clean” product claims and ingredient transparency in cosmetics.
What the Lawsuit Claims
The lawsuit, Watts v. Beiersdorf, Inc., was filed on January 24, 2024 by plaintiff Deon Watts, who purchased Aquaphor Lip Repair products marketed with prominent “No preservatives” claims on the packaging. According to the complaint, these representations are misleading and false because the product’s ingredients include sodium ascorbyl phosphate, a substance commonly used in skincare formulations for its antioxidant properties and preservative-like activity.
Although sodium ascorbyl phosphate is marketed for its antioxidant benefits, the complaint asserts that it also serves to prevent spoilage and thus should be considered a preservative — meaning the product’s label saying “preservative-free” could be inaccurate. The plaintiff argues that this allegedly deceptive marketing influenced her purchasing decision and that she would not have bought the product, or would have paid less, had she known the claim was untrue.
Legal Basis and Scope
The complaint cites New York General Business Law, which prohibits false advertising and deceptive business practices. The plaintiff seeks to represent a nationwide class of U.S. consumers who purchased Aquaphor Lip Repair during the applicable statute of limitations period.
As of late 2024, a federal judge declined to dismiss the case, finding that the plaintiff had sufficiently alleged that the ingredient in question could be considered a preservative and that the misrepresentation may have caused economic harm.
Why This Matters to Cosmetic Formulators and Consumers
This lawsuit underscores an important trend in beauty and personal care:
- Consumer demand for “free-from” products — especially those without preservatives or synthetic additives — continues to influence formulation and marketing.
- Regulatory and legal risk increases when product claims on labels don’t match ingredient functions as understood by courts or consumer advocates.
- Labels like “preservative-free” may be interpreted not just by chemists, but by judges and juries based on how ingredients perform.
For cosmetic formulators and green chemistry advocates, the case highlights the need to clearly define ingredient function and substantiate marketing claims with transparent technical rationale. Preservatives are often misunderstood by general consumers, but from a regulatory and safety perspective, companies must ensure that claims align with both ingredient function and consumer expectations.
A Growing Disconnect Between Consumers, Regulators, and Formulators
Cases like the Aquaphor Lip Repair lawsuit highlight a widening gap in the cosmetics industry.
Consumers increasingly demand simple, reassuring claims such as “preservative-free,” often without a clear understanding of how products remain microbiologically stable or what different ingredients actually do in a formulation. At the same time, regulatory and legal interpretations of ingredient function may rely on broad or simplified definitions, which do not always reflect the nuanced reality of cosmetic chemistry.
Caught in the middle are formulators — tasked with creating safe, stable products while navigating marketing expectations, regulatory compliance, and evolving legal risk. Ingredients may serve multiple technical functions (antioxidant, chelator, stabiliser, or preservation booster), yet be judged externally on a single perceived role, especially in the context of “free-from” claims.
This growing misalignment underscores the need for better technical literacy across the value chain — not only among consumers, but also in how claims are assessed and communicated. Transparency, precise language, and function-based ingredient understanding are becoming essential tools for reducing risk and rebuilding trust.
For formulators and brands, the challenge is no longer just what ingredients are used, but how their function is explained.
Explore the Green Chem Finder Compendium to understand ingredient functionality and preservation strategies, — and make informed formulation decisions grounded in science.
Dr Barbara Olioso, MRSC, is a green chemist with over 25 years’ experience in cosmetic science, specialising in green preservation and sustainable formulation. A member of the Society of Cosmetic Scientists and author of The Green Chemist’s Handbook for Cosmetic Preservation, she created GreenChem Finder to help formulators make informed, data-driven ingredient choices. She regularly contributes to industry events and publications including in-Cosmetics Global, COSSMA and SOFW.