- Associated Press - Thursday, March 17, 2016

SAN FRANCISCO (AP) - A federal appeals court has dismissed a Southern California woman’s lawsuit over the amount of product in a luxury lip balm that retails for $24 a tube.

Angela Ebner had alleged that skin care company Fresh, Inc. deliberately misled consumers by packaging its popular Sugar Lip Treatment in a heavy screw-up container that stopped dispensing when only 75 percent of the balm had been used.

The 9th U.S. Circuit Court of Appeals ruled Thursday that Fresh had not violated any state or federal laws because its product labels accurately state by weight how much lip balm is in each tube.

The court also noted that frustrated Fresh users can scrape out the lip balm that remains after the tube stops working with a finger or a small tool.

Ebner’s lawyer was did not immediately reply to a request for comment.



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