Federal Class Action Lawsuit for Mislabeled Sunblock

The federal class action alleges that Banana Boat Kids SPF 50 sunscreen lotion is mislabeled and has an actual SPF of only 10.44. 

A Third Amended Complaint was filed today in the Eastern District of New York, in a proposed nationwide class action lawsuit alleging that the popular children’s sunscreen lotion Banana Boat Kids SPF 50 does not provide the promised level of sun protection.

The suit, entitled In re Edgewell Personal Care Co. Litig., No. 16-cv-3371 (E.D.N.Y.), was filed after a May 2016 Consumer Reports article revealed that, according to its own independent testing, the product only had a sun protection factor (SPF) of 8. This is well below the American Academy of Dermatology’s minimum recommendation of SPF 30.

The Complaint alleges that Plaintiffs had their own FDA-compliant testing of the product conducted by an independent laboratory, which “confirmed that Banana Boat Kids SPF 50 sunscreen lotion had an actual SPF substantially lower than the claimed SPF 50.”  Plaintiffs’ testing revealed that the product has an SPF of only 10.4, not an SPF of 50 as represented on the product label.

The class action further claims that the manufacturers knowingly claimed on their labels that the sunscreen offers more sun protection that it actually does. The suit also states that the label and marketing materials for Banana Boat Kids SPF 50 prominently claims that the product has a Sun Protection Factor of 50, defined as preventing sun damage for the suer for 50 times longer than unprotected skin.

Attorney Stephen DeNittis of DeNittis Osefchen Prince, who represents Plaintiffs along with Janine Pollack of The Sultzer Law Group; Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz; Salvatore Badala of Napoli Shkolnik; and others, stated:

It’s really a shame.  Defendants are marketing this sunscreen specifically to protect kids from the adverse effects of the sun – from getting sunburned or worse.  Unfortunately, children and parents who buy and use Banana Boat Kids SPF 50 aren’t getting anywhere near the sun protection they think they are.

Plaintiffs’ lawsuit seeks full or partial refunds for all customers who purchased Banana Boat Kids SPF 50 sunscreen lotion, and asks the Court to order Defendants to stop selling the falsely-labeled product.

Everyone, especially children, needs to protect themselves against harmful UV and UVB Rays and wearing sunscreen is one to prevent sunburn. The UV rays react with a chemical melanin, which is found in skin. A sunburn develops when the UV exposure is greater than what can be protected by the skin’s melanin. The length and intensity of exposure raises the risks of skin damage. A  tan is a form of skin damage and does not help protect the skin. 

Both dark and light-skinned children need sun protection because any tanning or burning causes skin damage and can lead to skin cancer (melanoma) and effects on the immune system.

Of course, we all do need some sun exposure for vitamin D, which helps the body absorb calcium for stronger, healthier bones. However, imagine having put sunscreen on your child before school, a sports event, a day at the pool and learning they were not as protected as you were lead to believe.

If you have questions regarding this litigation or believe you have a case, we encourage you to contact one of our experienced class action lawyers today. The consultation is free. There are no upfront fees and we only get paid when we win your case.