CVS, Fruit of the Earth Sunscreens Contains Hidden Harmful Chemicals, Class Action Lawsuit Claims

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CVS and Fruit of the Earth have reaped millions of dollars of profit at the expense of consumers by exposing them to hidden chemicals in sunscreen it markets as only containing safe mineral ingredients, a new nationwide class action lawsuit alleges. 

Plaintiff Ann Kenney filed the class action Thursday against Fruit of the Earth, Inc. and CVS Pharmacy, Inc. in a California federal court, alleging violations of federal and state laws. 

Fruit of the Earth and CVS are owners, manufacturers, and distributors of the CVS Health Clear Zinc Sun Lotion in 2.0 fluid oz. and the CVS Health Clear Zinc Lotion in 4.0 fluid oz., which the claim alleges are falsely labeled.

Kenney says she bought the Clear Zinc Sun Lotion in the summer of 2019, thinking it only had zinc in it, due to the label.

“At the time of purchase, Plaintiff did not know that this Representation was false, and she believed she was purchasing a sunscreen product with only zinc mineral active ingredients, and without any chemical active ingredients.”

The class action lawsuit claims that, to obtain an unfair competitive advantage in the billion-dollar sunscreen market, CVS and Fruit of the Earth are exposing consumers to harmful chemical active ingredients hidden in their sunscreens by fraudulently passing them off as safe mineral active ingredients. 

“Defendants have reaped many millions of dollars through this fraudulent scheme based on a calculated business decision to put profits over people. Specifically, Defendants falsely and misleadingly label certain of their Sunscreen Products as ‘Clear Zinc Sun Lotion,’” the class action lawsuit alleges.

The sunscreen labels mislead customers to think they contain only zinc oxide mineral active ingredients, the claim states. However, according to the class action, they actually consist of nearly equal zinc mineral active ingredients and chemical active ingredients through octocrylene.

“Through falsely, misleadingly, and deceptively labeling the Products, Defendants sought to take advantage of consumers’ desire for mineral sunscreens, while reaping the financial benefits of using less desirable and less costly chemical active ingredients in the Products.”

Kenney is seeking to represent a nationwide Class of people who bought the sunscreens, and a California subclass.

She is seeking damages, restitution, disgorgement of profits, fees, costs and a jury trial. She is also seeking injunctive relief to stop the alleged unlawful labeling and advertising of the products.

Kenney alleges violations of the California Unfair Competition Law, False Advertising Law, and consumer laws. She also alleges breach of express warranty and unjust enrichment.

The case comes as a judge asks for more information on a $2.25 million settlement deal between the producers of Coppertone sunscreen and consumers, 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. 

What do you think about this lawsuit against CVS and Fruit of the Earth? Let us know in the comments! 

The plaintiff is represented by Ryan J. Clarkson, Shireen M. Clarkson, and Katherine Bruce of Clarkson Law Firm and Christopher D. Moon and Kevin O. Moon of Moon Law APC.

The CVS Fruit of the Earth Sunscreen Class Action Lawsuit is Kenney et al., v. CVS et al., Case No. 3:21-cv-01016-JLS-MSB, in the U.S. District Court Southern District of California.

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