CHICAGO — An Illinois woman is suing a sun screen products company, alleging fraud.
Colleen Gorman of Cook County filed a class action lawsuit, individually and on behalf of all other similarly situated, June 23 in U.S. District Court for the Northern District of Illinois against Edgewell Personal Care Company and Edgewell Personal Care LLC, alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, in spring 2016 Gorman purchased the Banana Boat Kids tear-free sting-free lotion, that was advertised as having SPF 50+ and providing UVA/UVB protection. However, based on tests, the suit says, the product only has an 8 SPF, way below what the American Academy of Dermatology recommends.
The plaintiff alleges the defendants labeled the product falsely and, by doing so, deceived consumers into buying it, giving the defendants financial benefits they did not deserve.
Gorman seeks trial by jury, compensatory and punitive damage,; injunctive relief, an order of restitution and/or disgorgement and all other forms of equitable monetary relief, reasonable attorney costs and expenses, plus such other relief the court deems proper. She is represented by attorneys Theodore B. Bell, Carl Malmstrom and Janine L. Pollack of Wolf Haldenstein Adler Freeman & Herz LLP in New York and Chicago.
U.S. District Court for the Northern District of Illinois Case number 1:16-cv-06597