After contracting herpes, a woman in California is suing cosmetic giant, Sephora, for not providing warnings on their cosmetic testers that users could be exposed to the herpes virus.

The woman claims she contracted herpes after using Sephora’s lipstick tester tube. The herpes virus can spread from person to person through saliva.

The lawsuit alleges that Sephora is responsible for giving the plaintiff a “lifelong incurable affliction.” There is no known cure for herpes, but there are antiviral medications that can potentially treat it.

Herpes is a fairly commonly transmitted infection. It can be easily transmitted when two people kiss or share a drink. The woman alleges she contracted herpes within a few days of using the makeup testers.

According to the World Health Organization (WHO), it is believed that around 67% under the age of 50 have the oral herpes virus (herpes simplex virus type 1). Of those people who have the virus, however, not all of them display symptoms. Depending on a variety of factors, if an infected person used the lipstick tester tube directly, the virus could potentially survive on the tube for a few hours.

Leaving out cosmetic tester tubes for the lips, eyes and face, without warnings or easy to see applicators, may encourage visitors to use the products directly without applicators and spreading infectious viruses. Children may be especially vulnerable.

How can cosmetic stores prevent this? Large warning signs could deter consumers from using cosmetic testers without the applicators. Another option would be to encourage staff to provide the cosmetic testers for their customers to ensure safety and proper hygiene.

Customers who have suffered an injury as a result of a lack of proper warnings may be entitled to compensation.

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