Coppertone mineral-based sunscreen Coppertone mineral-based sunscreen. Courtesy photo

The companies behind the Coppertone line of sunscreens have been hit with a lawsuit claiming they misled consumers into buying products labeled as mineral-based that actually contained a significant proportion of chemical active ingredients.

The lawsuit filed Jan. 3 in federal court in the Northern District of California claims that consumers were misled to pay more for the "mineral-based" products amid growing concern about the potential adverse health effects of chemical-based sunscreens, whose active ingredients can penetrate the skin and enter the bloodstream.

The suit claims that the defendants, including Bayer HealthCare, skincare company Beiersdorf and parent companies and subsidiaries affiliated with the two companies, made "a calculated business decision to put profits over people" in how they marketed Coppertone WaterBabies Mineral-Based Sunscreen Stick; Coppertone WaterBabies Mineral-Based Sunscreen Lotion; Coppertone Kids Mineral-Based Sunscreen Lotion; and Coppertone Sport Face Mineral-Based Sunscreen Lotion.

"Defendants have done so at the expense of unwitting consumers—many of whom seek to protect their babies and children—and defendants' lawfully acting competitors, over whom defendants have an unfair competitive advantage," wrote the plaintiffs lawyers at Los Angeles' Clarkson Law Firm and Palo Alto's Moon Law.

The lawsuit brings claims under the state's unfair competition law, false advertising law, and consumer remedies act on behalf of a proposed class of California consumers who've purchased the products over the past four years. The suit also seeks to certify a nationwide class and California subclass to pursue claims that the companies breached an express warranty to provide a mineral-based product and to pursue claims of unjust enrichment. The suit also seeks an injunction barring further promotion of the Coppertone products as "mineral-based."

A representative from Beiersdorf said Monday the company cannot comment on pending litigation. A  from Bayer Healthcare didn't immediately respond to requests for comment. Shireen Clarkson of the Clarkson Law Firm wasn't immediately available for comment Monday.

In September 2019, Bayer AG sold the Coppertone brand, including the accused products, for $550 million to Beiersdorf AG.

 

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