BROOKLYN, N.Y. (Legal Newsline) – The maker of Chapstick lip balm is alleged to have misrepresented the duration of sun protection on one of its products.
Clinton Engram and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on May 15 in the U.S. District Court for the Eastern District of New York against Wyeth Consumer Healthcare LLC alleging negligent misrepresentation and other counts.
The plaintiffs allege that the defendant made certain representations about its products that were misleading. They allege the defendant's Chapstick Moisturizer 2-in-1 Lipcare product is advertised as offering eight hours of moisture and SPF 15, which they claim causes consumers to believe the product provides eight hours of sun protection. The suit states the drug facts on the product's label indicate that only two hours of sun protection is provided.
The plaintiffs allege the misrepresentation increased the risk of consumer harm because it "encourages" under application of the product.
The plaintiffs are seeking trial by jury, restitution, monetary damages and interest, costs and expenses, attorneys' fees and other relief deemed fit. They are represented by Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Eastern District of New York case number 1:19-CV-02886