The plaintiff, Elena Davoyan, said she was shopping at the Sephora at Hollywood and Highland when she tried sample lipsticks. The suit says she did not have herpes before her visit to the store but was diagnosed with the virus at some point afterward.
The suit alleges that the company fails to warn or protect customers from the potential risks of trying lipstick samples.
It notes that other companies offer protective measures which include providing mini-samples meant for single use, or having trained store employees supervise the sampling with the use of swabs or wands.
“They specifically cared more about selling lipstick than protecting the health and safety of their customers,” the suit filed by Los Angeles attorney Robert Krasney alleges.
The suit seeks an unspecified amount of damages in excess of $25,000.
“As a result of getting herpes, which is an incurable lifelong affliction, and as a further result Ms. Davoyan has, is and will suffer severe emotional distress,” the suit states.
The suit was filed in Los Angeles Superior Court on Oct. 24, 2017, and says Savoyan’s shopping trip to Sephora was on Oct. 29, 2015.
Sephora declined to comment on the suit, but issued a general statement: “While it is our policy not to comment on litigation, the health and safety of our clients is our foremost priority. We take product hygiene very seriously and we are dedicated to following best practices in our stores.”
Hearings in the case are scheduled for April.