Federal Class Action Alleges That Banana Boat Kids SPF 50 Sunscreen Lotion Is Mislabeled; Has Actual SPF Of Just 10.4
NEW YORK, Dec. 26, 2018 /PRNewswire/ -- 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. 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.
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.
SOURCE Napoli Shkolnik PLLC
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