CHICAGO (Legal Newsline) – An Illinois consumer alleges a brand of sunscreen spray has a lower sun protection factor than what is advertised.
Kevin Curran, individually and on behalf of all others similarly situated, filed a complaint on Nov. 2 in the U.S. District Court for the Northern District of Illinois Eastern Division against Bayer Healthcare LLC and Merck & Co. Inc. for alleged violation of Illinois Consumer Fraud and Deceptive Practices Act.
According to the complaint, the plaintiff alleges that the defendants' Coppertone Sport High Performance sunscreen spray was labeled, marketed, advertised and sold as having a sun protection factor of 30 when it does not.
The plaintiff claims the defendants' sunscreen contains less UV protection and has a lower SPF than what was advertised. He alleges independent testing he performed as well as test by Consumer Reports shows the SPF factor is "substantially lower." He alleges his testing showed an SPF factor of 13.9.
The plaintiff requests a trial by jury and seeks judgment for damages suffered, prejudgment interest, attorneys' fees, costs, and such other and further legal and equitable relief as the court deems just. He is represented by Theodore B. Bell, Carl V. Malmstrom and Janine Lee Pollack of Wolf Haldenstein Adler Freeman & Herz LLC in Chicago and New York and by Joseph A. Osefchen and Shane T. Prince of DeNittis Osefchen Prince, PC in Marlton, New Jersey.
U.S. District Court for the Northern District of Illinois Eastern Division case number 1:17-cv-07930