Sunscreen Lawsuit: – do you qualify?

False Claims by Seven Sunscreen Marketers Mislead Americans and Put Them at Risk. Use an Attorney here and find out if you qualify!

Nation’s Top Class Action Lawyers Take Action to Protect Consumers While FDA and FTC Delay

Los Angeles -- Manufacturers of the top sunscreen brands relied upon by millions of American swimmers and sunbathers each year have lied about the effectiveness of their products in blocking sun rays and preventing skin diseases, including cancer, according to several coordinated lawsuits filed in California Superior Court in Los Angeles.

Such famous brands as Coppertone, Banana Boat and Hawaiian Tropic, marketed as protective “sunblocks,” are in fact unreliable in protecting adults and children and can create a sense of false security that actually endangers users, the complaint charges.

The two law firms are litigating coordinated class actions, alleging systematic fraud, false advertising and persistently misleading claims that exaggerate the ability of sunscreens to protect against the sun and reduce the risk of cancer and other skin ailments.

The seven defendants and their five brands named in the suits include Schering-Plough (Coppertone); Sun Pharmaceuticals and Playtex Products (Banana Boat); Tanning Research Laboratories (Hawaiian Tropic); Neutrogena Corp and Johnson & Johnson (Neutrogena); and Chattem Inc.(Bullfrog).

“Coppertone WaterBabies advertises ‘Instant Waterproof Protection, UVA/UVB Sunblock lotion 45 SPF’ on the bottle as well as the representation that the product provides ‘45 times your child’s natural sun protection’, giving parents a false and dangerous sense of security,” said attorney Mitchell Twersky. “The 45 SPF applies only to UVB rays, the product is not waterproof, and it does not actually block the sun. The main element being blocked is the truth.”

The suits show how manufacturers are making deliberately fraudulent and misleading claims on their labels, Web sites and advertising and seek an injunction on the claims, compensation for consumers and other remedies, including a public education program concerning sun protection paid for by the industry.

The Federal Trade Commission and Food and Drug Administration addressed the over-reaching claims of the sunscreen industry in 1997 and 1999, respectively. The FTC reached an agreement with Coppertone’s manufacturer, Schering-Plough, to cease and desist from misrepresenting the length of time protection is provided by their products and the efficacy of their products’ protection against the harmful effects of the sun. Schering-Plough has not complied with the agreement and false claims still appear on their products.

The FDA drafted new rules to specifically restrict the use of these misleading labeling claims, but in 2001 cosmetics industry lobbyists -- arguing that “commercial speech” protection for sunscreen manufacturers was more important than truthful consumer protection for the public -- persuaded the FDA not to implement the rules. According to the Skin Cancer Foundation, more than 1.5 million skin cancer cases are diagnosed annually in the U.S., with 8,000 deaths per year -- more than breast, prostate, lung, and colon cancer combined.

The coordinated cases are before Judge Carl J. West in Superior Court for the State of California, County of Los Angeles.