HARTFORD, Conn. (Legal Newsline) - The maker of Coppertone sunscreen will face a class action lawsuit that claims it puts identical products in different bottles, then charges extra on one claiming to be specifically designed for use on the face.
Connecticut federal judge Janet Bond Arterton on Aug. 4 rejected Beiersdorf's motion to dismiss the case, which was filed in July 2022. Plaintiff Tonya Akes argues the packaging on Sport Mineral sunscreen has the word 'Face' on it even though what's inside is nothing special.
The packaging also promises it “Won’t Run Into Eyes.” Consumers looking for protection for their face pay twice as much per ounce for Sport Mineral face, the suit says.
Lawyers adequately alleged violations of California consumer protection laws that prohibit advertising that is technically true but is either misleading or could deceive or confuse the public, Arterton wrote.
She cited a case involving a fruit snack label that showed oranges, peaches, strawberries and cherries but contained no fruit juice from any of them. Beiersdorf had argued Akes got what she paid for - a sunscreen that would not run into her eyes and was appropriate for use on the face.
"Plaintiff's claim is that she paid more for Defendant's facial sunscreen product, and she did not receive the benefit of the bargain, because she did not get a lotion specially formulated for facial use," Arterton wrote.
"This articulation of economic injury suffices to meet the standing requirement."
The suit seeks certification of a nationwide class of consumers and alleges violation of consumer protection laws in California, Illinois, Maryland, New York, Missouri, Washington and Connecticut.
Lawyers at Izard, Kindall & Raabe in West Hartford and Dovel & Luner in California are representing the plaintiff.