Two prominent law firms, Dovel & Luner and Izard, Kindall & Raabe recently targeted a second sunscreen manufacturer in a class-action lawsuit. The suit, filed in U.S. District Court in Connecticut on behalf of a California plaintiff, contends that Banana Boat sunscreen is guilty of deceptive packaging and pricing practices.
At the center of the issue is the differences (or lack thereof) between Banana Boat’s “faces” sunscreen and its general Sport Ultra variant. The plaintiff alleges that despite being sold at a higher price, the formula for the “faces” lotion is no different from the Sport Ultra variety.
This case comes on the heels of another similar action against sunscreen manufacturer Beiersdorf Inc. The arguments in this case are mirroring: Beiersdorf is being accused of retailing a smaller and pricier bottle of “face” sunscreen that holds the same formula as its standard sport mineral variety. The legal action against Coppertone was sustained by the court and has not yet been dismissed.
In both instances, the implication is that consumers rely on these descriptions to make informed purchasing decisions. By allegedly branding and selling identical products as separate items with distinct properties, the manufacturers arguably mislead shoppers and categorically violate consumer-protection laws.
As the situation continues to unfold, it’s evident these class-action cases are putting the sunscreen industry under increased scrutiny, potentially triggering changes in how companies market and price their products in the future. Details of the ongoing Banana Boat litigation can be found here.