Consumer Reports conducted tests on various sunscreens & revealed the brands that contained mislabeled SPF amounts. Our firm is investigating legal claims on behalf of consumers that purchased mislabeled sunscreen.
Imbesi Law P.C. and Napoli Shkolnik PLLC are investigating claims on behalf of sunscreen consumers. The content on this website does not constitute legal advice.
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NEW YORK - June 22, 2016 - PRLog -- A class action lawsuit was filed today in U.S District Court in the Eastern District of New York against Playtex Products, LLC, the makers of Banana Boat sunscreen.
The lawsuit accuses Playtex of misrepresenting the SPF level of its Banana Boat Kids SPF 50 sunscreen. The complaint alleges that although the label on the sunscreen indicates the SPF is 50, the actual SPF was 12.69. The complaint indicates the sunscreen was tested by an independent laboratory.
Consumer Reports recently tested the SPF levels of several sunscreen products, including Banana Boat Kids SPF 50. The company's test revealed that Banana Boat Kids SPF 50 had an actual SPF of 8. The report is cited in the complaint.
The class action lawsuit proposes to represents all of the Banana Boat consumers in the United States that purchased the mislabeled sunscreen.
"Our law firm has been inundated with inquiries from consumers that purchased various sunscreens," said Vincent Imbesi, one of the attorney's that represents the plaintiffs. "The troubling issue is that the worse performing sunscreens are marketed for use by children," Mr. Imbesi added.
The law firms established a website for consumers to check if their sunscreen is under investigation by the firms: www.SPFlawsuit.com
My kid got sunburned because of mislabeled sunscreen
By Ross Toback June 22, 2016 | 6:45pm
Jumping on a report that found many sunscreens overstate their protection factors, a Brooklyn parent has filed a class-action lawsuit against the makers of Banana Boat Sunscreen, saying he bought a bottle of kids lotion that was supposed to be SPF 50 but turned out to only have an SPF of 12.
“Defendants have known, or should have known, for years that Banana Boat Kids SPF 50 products contain less UV protection than Defendants advertise,” reads the lawsuit, which was filed Wednesday against Playtex Products, Edgewell Personal Care Company and Sun Pharmaceutical.
Paul Lambrakis purchased the tube of Banana Boat Kids SPF 50 in May after a Consumer Reports study found that it and many other sunscreens were overstating their protection factor. He sent the tube to a laboratory in Winston Salem, N.C., to have tested, according to the lawsuit filed in Brooklyn federal court.
The results found that the bottle had an actual SPF that wasn’t even half as strong as advertised, court papers say.
“The investigation concluded that Banana Boat Kids SPF 50 sunscreen, clearly labeled as containing SPF 50, shockingly contained only an SPF of 12.69 and a measured UVA protection factor of 4.88,” the lawsuit reads.
Now Lambrakis is alleging that he and others in the class action suit were forced to “overpay for the sunscreen based upon false, inflated SPF,” according to the documents.
“They were unhappy when the suntan lotion was a complete lie,” Lambrakis’s lawyer, Hunter Shkolnik, said.
“They were putting this stuff on their children. They made a point to buy it. They were getting burnt.”
He accused the company, which rakes in $25 million in sales each year, of “defrauding” unsuspecting customers.
“You don’t want to think its wrong but there’s no quality control,” he said. “This is a straight-forward case. People are spending money for this stuff!”
Playtex, Edgewell and Sun Pharmaceutical did not immediately respond to requests for comment.
The lawsuit comes after a Consumer Reports investigation found that 43 percent of the more than 60 sunscreens they tested failed to measure up to the SPF claims advertised on their bottles.
“In May of 2016, Consumer Reports research revealed that among ‘the most problematic products were Banana Boat Kids Tear-Free, Sting-Free Lotion…which [was] labeled as SPF 50 but [was] found to have only SPF 8,’” the lawsuit reads.
“Defendants have been notified of the false advertisement but have not remedied the problem.”
Additional reporting by Danika Fears
Brooklyn man slaps Banana Boat sunscreen maker with suit alleging inaccurate SPF labels
BY JOHN MARZULLI
NEW YORK DAILY NEWS
Wednesday, June 22, 2016, 2:48 PM
Honey, they burned the kids!
A Brooklyn man is accusing the makers of Banana Boat Kids sunscreen of misrepresenting the sun protection factor on the product label.
Paul Lambrakis, who bought the sunscreen lotion for his daughter, believed that its SPF was 50, according to the suit filed Wednesday in Brooklyn Federal Court.
But after Lambrakis learned this month that Consumer Reports had found sunscreen products advertised inaccurate SPF labels, he sent the Banana Boat Kids product he had purchased to a lab in North Carolina for testing. The lab reported to him that the SPF was actually 12.69.
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The suit seeks class action status for any consumer who feels burned after buying the sunscreen from Playtex Products, instead of a less expensive, lower SPF value product.
“The troubling issue is that the worse performing sunscreens are marketed for use by children,” said lawyer Vincent Imbesi.
A spokeswoman for Playtex Products, the maker of Banana Boat kids, did not immediately return a call seeking comment.
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Good Morning America Profiles Our Sunscreen Lawsuit
Is there enough SPF in your sunscreen? Maybe not, lawsuit claims
Jun. 24, 2016 at 5:34 PM Meghan Holohan
Does that bottle of sunscreen with a high SPF really protect you?
Maybe not, according to a class action lawsuit filed earlier this week. A Brooklyn man is alleging that Banana Boat Kids sunscreen is incorrectly labeled, with nowhere near the SPF protection it shows. The man, Paul Lambrakis, bought the Banana Boat Kids SPF 50 for his daughter in May. But after Consumer Reports reported that 28 of 60 sunscreens tested had lower SPF protection than they claimed on the labels, Lambrakis sent it for testing to a lab in North Carolina.
The lab determined the sunscreen had an SPF of 12.69, according to court documents filed in the United States District Court Eastern District of New York. Lambrakis claims this mislabeling meant that he and others had to "overpay for the sunscreen based on false, inflated SPF."
Edgewood Personal Care, which owns Playtex, the parent company of Banana Boat sunscreen told TODAY the company does not comment on ongoing litigation but provided a statement:
"We stand behind the accurate labeling of our products. All Banana Boat products and undergo rigorous internal and independent testing to ensure they meet all relevant FDA regulations, including for their stated levels of SPF protection. People can feel confident using our products for safe and effective sun protection, when applied as directed."
-- Attorney Brittany Weiner from Imbesi Law P.C., represents the consumer.