CAMDEN, N.J. (Legal Newsline) - A consumer has filed a class action lawsuit against the manufacturer of Banana Boat Kids sunscreen SPF 50 for alleged fraud and negligent misrepresentation.
Dyan D'Aversa filed a complaint on behalf of herself and all others similarly situated June 26 in the U.S. District Court of New Jersey, Camden Vicinage, against Playtex Products LLC, formerly known as Playtex Products Inc., Edgewell Personal Care Company and Sun Pharmaceutical LLC, alleging they misrepresented the actual SPF level of their product to deceive consumers.
According to the complaint, the plaintiff alleges she suffered damages from being misled into buying a product that does not contain the advertised SPF level.
The plaintiff holds Playtex, Edgewell and Sun responsible because the defendants allegedly knew the product only had an 8 SPF rating but advertised it as SPF 50.
The plaintiff requests a trial by jury and seeks injunctive and declaratory relief, damages plus interest, treble damages, all legal fees and any other relief as the court deems just.
She is represented by Stephen P. DeNittis and Joseph A. Osefchen of De Nittis Osefchen P.C. in Marlton, New Jersey.
U.S. District Court of New Jersey case number 1:16-cv-03813-JHR-AMD