Banana Boat class action lawsuit overview:
- Who: Brigette Lowe filed a class action lawsuit against Edgewell Personal Care Brands LLC.
- Why: Lowe claims Edgewell Personal Care Brands misleads consumers into believing its Banana Boat Sport Ultra Faces sunscreen is specifically designed to be used on the face.
- Where: The class action lawsuit was filed in Connecticut federal court.
A new class action lawsuit alleges Edgewell Personal Care Brands misleads consumers into believing its Banana Boat Sport Ultra Faces lotions are specifically designed to be used on the face.
Plaintiff Brigette Lowe claims Banana Boat is able to charge more than twice as much for the Sport Ultra Faces lotion due to its name and by prominently touting that the sunscreen is “Oil Free” and “Non-Greasy.”
Lowe argues that, in reality, the Banana Boat Sport Ultra Faces lotion has the exact formula as the regular Banana Boat Sport Ultra lotion, and that it is not specifically formulated for the face at all.
“Defendant is putting the same sunscreen into two different bottles with different labels, and charging more for one of them. Consumers are being deceived and overcharged,” the Banana Boat class action states.
Lowe wants to represent a nationwide class, a California subclass, and a consumer protection subclass of consumers who have purchased a Banana Boat Sport Ultra Faces product during the applicable statute of limitations.
Smaller bottle of Banana Boat Sport Ultra Faces sunscreen costs same as larger bottle of ‘regular’ Banana Boat product, says class action
Lowe claims a 3-ounce bottle of Banana Boat Sport Ultra Faces lotion costs the same as an 8-ounce bottle of “regular” Banana Boat Sport Ultra lotion, allegedly reinforcing the belief that the “Faces” lotion is a different formula.
“Reasonable consumers expect that for the same sunscreen or cosmetic, a smaller container will cost less than a larger container,” the Banana Boat class action states.
Lowe claims Edgewell Personal Care Brands is guilty of quasi contract/unjust enrichment and of violating various state consumer protection acts and California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act.
The plaintiff is demanding a jury trial and requesting injunctive relief along with an award of damages, restitution, and disgorgement for herself and all class members.
In March, a federal judge in Connecticut chose to limit but allow to continue a class action lawsuit accusing Edgewell Personal Care Brands of manufacturing and selling Banana Boat products containing benzene, a known human carcinogen.
Have you purchased a Banana Boat Sport Ultra Faces sunscreen product? Let us know in the comments!
The plaintiff is represented by Craig A. Raabe and Seth R. Klein of Izard, Kindall & Raabe LLP, and Simon Franzini and Grace Bennett of Dovel & Luner, LLP.
The Banana Boat class action lawsuit is Lowe v. Edgewell Personal Care Brands LLC, Case No. 3:23-cv-01256, in the U.S. District Court for the District of Connecticut.
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