Claims in Eyelash Serum Injury Class Action Not Preempted, Ill. Federal Judge Rules

CHICAGO — An Illinois federal judge has refused to dismiss a lawsuit alleging eye injuries caused by an over-the-counter eyelash growth serum, ruling that the claims are not impliedly preempted because they do not depend on the existence of a violation of the Food, Drug and Cosmetic Act.

In a Jan. 28 order, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois further ruled that the plaintiff adequately pled her claims for violation of Illinois’ consumer protection law, fraud and breach of implied warranty.

Corrine Markoff alleges she experienced pain and eye inflammation after using …