EltaMD sunscreen class action claims Transparent Zinc Oxide product falsely marketed

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EltaMD sunscreen class action lawsuit overview:

• Who: Plaintiffs Amy Schneider and Erika Opgengorth have filed a class action lawsuit against the makers of EltaMD Transparent Zinc Oxide sunscreen products.
• Why: The EltaMD sunscreen labels allegedly fail to disclose that the products contain a significant amount of chemical sunscreen ingredients.
• Where: The class action lawsuit was filed in New York federal court.

EltaMD Transparent Zinc Oxide sunscreen is falsely marketed as having zinc oxide as the only active sunscreen ingredient even though a significant portion of the product contains chemicals sunscreen ingredients, according to a class action lawsuit filed Dec. 5 in New York.

Plaintiffs Amy Schneider and Erika Opgenorth each say they chose to purchase EltaMD Transparent Zinc Oxide sunscreen because they believed that the product contained only zinc oxide as the active sunscreen ingredient. 

Consumers increasingly prefer mineral sunscreens, EltaMD sunscreen class action says

Mineral sunscreens are increasingly popular with consumers due to the negative health and environmental effects associated with chemical sunscreens, the EltaMD sunscreen class action lawsuit explains. Chemical sunscreens can reportedly irritate acne-prone skin and may be associated with hormonal disruption and the production of dangerous free radicals.

Unlike chemical sunscreen ingredients, which can penetrate the skin and enter the bloodstream, mineral sunscreen ingredients like zinc oxide coat the surface of the skin as an invisible physical barrier that stops most UV rays.

The plaintiffs say they relied on the words “Zinc Oxide” on the product label and the phrase “Mineral-Based” in the name of the EltaMD sunscreen product listing on Amazon.com.

However, nearly half of the active sunscreen ingredients in the EltaMD sunscreen products are chemical sunscreen ingredients, including octinoxate, octisalate, and octocrylene. Nearly half of the EltaMD Transparent Zinc Oxide products allegedly contain a higher concentration of chemical sunscreen ingredients than zinc oxide.

Plaintiffs say they would not have purchased EltaMD sunscreen or would have paid less for it if not for misleading label

EltaMD sunscreen products are reportedly sold for $30 to $40 per bottle. The front label of each product indicates the sunscreen contains “transparent zinc oxide” and fails to disclose any other active sunscreen ingredients, the plaintiffs allege.

Had they known that the EltaMD sunscreen contained chemical active ingredients, Schneider and Opgenorth would not have purchased the product or would have paid less for it, the class action lawsuit asserts.

“Based on these representations and omissions, reasonable consumers purchasing the Products are led to believe that the only active sunscreen ingredient in the Products is zinc oxide, a mineral sunscreen ingredient,” the EltaMD sunscreen class action lawsuit states.

The plaintiffs say they were not the only consumers taken in by the alleged EltaMD sunscreen false advertising. They point to dozens of complaints on Amazon.com from disappointed consumers who had expected the product to contain predominantly zinc oxide as the active sunscreen ingredient.

Did you purchase EltaMD sunscreen because you believed zinc oxide was its predominant sunscreen ingredient? Let us know what you think about this class action!

The plaintiffs are represented by Robert Abiri of Custodio & Dubey LLP and Benjamin Heikali of Treehouse Law LLP.

The EltaMD Transparent Zinc Oxide sunscreen class action lawsuit is Amy Schneider, et al. v. Colgate-Palmolive Company, et al., Case No. 5:22-cv-01294, in the U.S. District Court for the Northern District of New York.

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