Last month an appellate court affirmed a Manhattan Supreme Court Justice who dismissed a claim by a (then) 66 year old woman who underwent a permanent cosmetic eyebrow tattooing to her forehead. It was claimed that the tattoo was placed too far "above the plaintiff's natural brow line resulting in a gap/space between the tattooed pigment and natural brow which caused the plaintiff to appear to have four eyebrows".The Court relied on the plaintiff's sophistication in understanding the consent form she signed, especially given her 20 years experience in undergoing cosmetic eyebrow tattoos.

The plaintiff acknowledged in writing that she was responsible for the placement of the tattoos. Prior to the permanent pigment work, the eyebrows were drawn on her forehead and the plaintiff admittedly approved the placement and shape of the permanent tattoo. In an email after the procedure a very upset plaintiff told the defendant: "I have only myself to blame-I absolutely did give the okay to Melany, not noticing how my other brows would still be there." The Court determined that no reasonable jury could find in favor of the plaintiff given these admissions. Forman v Whitney Center For Permanent Cosmetics Corp., 2019 WL 1938754