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A judge has rejected a $2.25 million settlement deal between the producers of Coppertone sunscreen and consumers, after questioning both the amount that the lawyers are taking from the settlement, and the charity the parties have chosen to give any excess funds to.
On Thursday, U.S. District Judge Nathanael Cousins — a California federal judge — told Bayer Healthcare LLC, Beiersdorf Inc. and the consumers that sued the company to revise the wording of their settlement, and provide extra information, Law360 reported.
Judge Cousins said the settlement contained “sweeping language” and didn’t adequately specify the claims that Coppertone sunscreens have a “mineral-based” label.
The original class action lawsuit was filed against Bayer Healthcare Pharmaceuticals by consumers in 2020 who claimed the company’s Coppertone sunscreens contain harmful ingredients that they pass off as mineral-based.
Plaintiff Steven Prescott said he purchased Coppertone Sport Face Mineral-Based Sunscreen Lotion, and that legitimate mineral-based sunscreens will contain up to 24 percent titanium dioxide or zinc oxide with no chemical ingredients.
However, the Coppertone sport sunscreen reportedly contained 12 percent chemical active ingredients and only 9.7 percent mineral-based active ingredients. Another consumer Mike Xavier said he also bought the Coppertone Sports Face Mineral-Based Sunscreen Lotion and the Coppertone Kids Mineral-Based Sunscreen Lotion.
According to the Coppertone class action, the kids sunscreen contained an equal amount of both chemical and mineral active ingredients.
In March, the consumers asked the court to approve a proposed settlement agreement with the companies, Law360 reports. It said buyers could receive $2.50 for each bottle of “mineral based” Coppertone products they bought. The refund is about 28 percent of the price of an average bottle of Coppertone sunscreen.
Those with receipts could have all products purchased compensated, those without could get four bottles compensated. If any funds were left over after all claims were made, the proposed settlement said the balance would go to Look Good Feel Better, a charity focused on helping people undergoing cancer treatment.
However, Judge Cousins said the parties needed to be more clear about how there was no conflict of interest between either of the parties and the selected charity.
“The court cannot conclude that there is a non-collusive relationship between the cy pres beneficiary and Bayer, or between the cy pres beneficiary and counsel,” he said.
Plus, of the $2.25 million settlement, lawyers asked for up to $750,000 for their fees. Judge Cousins has taken issue with this part of the deal, saying the parties needed to back up the request with comparable examples, Law360 reported.
“Although the parties acknowledged at the hearing that one-third of the settlement fund is a discretionary cap that falls above the Ninth Circuit’s 25 percent benchmark, the court cannot ascertain whether the one-third attorneys’ fee award is warranted in this case,” he said.
Meanwhile, according to the settlement, the companies have discontinued the “mineral based” labeling.
A status report filed with the court on May 15 says the parties are currently revising the settlement agreement to comply with the court’s denial order.
What do you think of the judge’s order for more information in this case? Let us know in the comments!
The plaintiffs are represented by Shireen M. Clarkson, Ryan J. Clarkson and Celine Cohan of Clarkson Law Firm PC and Christopher D. Moon and Kevin O. Moon of Moon Law APC.
The Coppertone Sunscreen Class Action Lawsuit is Prescott, et al. v. Bayer Healthcare Pharmaceuticals Inc., et al., Case No. 5:20-cv-00102, in the U.S. District Court for the Northern District of California.
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