MAC Cosmetics faces data privacy lawsuit

By Lynsey Barber | Published: 10-Jun-2026
Regulatory Colour Cosmetics Digital

A US judge dismissed the make-up brand’s motion to dismiss a class action lawsuit related to its virtual try-on technology

MAC Cosmetics is facing a lawsuit after a US judge ruled that a class action claim related to data privacy can go ahead.

The class action lawsuit was first filed in August last year and was brought by Illinois resident Fiza Javid.

In it, she claims that she used MAC Cosmetics in-store virtual try-on device ,which used facial scanning technology, as well as a similar feature on MAC Cosmetics’ website.

According to court documents seen by Cosmetics Business, the lawsuit alleges that MAC Cosmetics did not tell her that it would “capture, collect, otherwise obtain, store and use her facial geometry through its virtual try-on mechanisms”.

She also alleges that MAC Cosmetics did not obtain her written consent or secure a release before doing so.

Both of these actions violated the Illinois Biometric Information Privacy Act (BIPA), the lawsuit claims.

MAC Cosmetics had sought a motion to dismiss the claim.

However, a judge in the US District Court for the Northern District of Illinois dismissed the make-up brand’s motion on 4 June.

Cosmetics Business has contacted MAC Cosmetics and parent company Estée Lauder Companies for comment.

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