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Consumer alleges Rite Aid Day Logic sunscreen has SPF of 22, not 85 as advertised

Lawsuits

By Jenie Mallari-Torres | Oct 29, 2018


LOS ANGELES (Legal Newsline) – A Los Angeles County resident alleges that a brand of sunscreen sold by Rite Aid falsely advertises the protection it offers.

Teah Lynn filed a complaint individually and on behalf of all others similarly situated individuals on Oct. 11 in the U.S. District Court for the Central District of California against Rite Aid Corp. and Does 1-100 alleging violation of the state's Unfair Competition Law and other counts.

According to the complaint, the plaintiff alleges Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen is advertised has having a sun protection factor (SPF) of 85, when the product's SPF is "well under 85." She alleges independent studies determined the product's SPF is 22.

The plaintiff alleges the product is "drastically overpriced" and may not be worth anything at all.

The plaintiff holds Rite Aid Corp. and Does 1-100 responsible because the defendant allegedly made false or misleading SPF claims about the product.

The plaintiff requests a trial by jury and seeks judgment against the defendants, to certify the suit as a class action, injunctive and declaratory relief, actual damages, interest, attorney's fees and costs, and further legal and equitable relief as the court deems just. She is represented by Gerald B. Malanga of Lattie Malanga Libertino LLP in Los Angeles, California and Alice A. Curry of the Law Office of Alice A. Curry in Malibu, California.

U.S. District Court for the Central District of California case number 2:18-cv-08761

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