MISSHA, A’pieu class action claims sunscreen falsely advertised as waterproof

MISSHA, A’pieu sunscreen class action lawsuit overview: 

• Who: Katherine Bui, Rita Le, Youngshin An and Shanida Younvanich filed a class action lawsuit against Able C&C US Inc.
• Why: The plaintiffs claim Able C&C US falsely advertised MISSHA and A’pieu sunscreen products as waterproof. 
• Where: The class action lawsuit was filed in New Jersey federal court. 

The maker of MISSHA and A’pieu sunscreen products falsely advertises them as waterproof, a new class action lawsuit alleges. 

A group of consumers claims Able C&C US is intending to profit off the desire to protect skin from the sun’s rays, “including while in and around water,” by advertising that the MISSHA and A’pieu sunscreen products are “waterproof” and “sweatproof.” 

The U.S. Food and Drug Administration (FDA) has stated “no sunscreen is waterproof” due to the fact it will eventually wash off and advises consumers to look at water resistance times to determine how long they will be protected, according to the MISSHA and A’pieu sunscreen class action. 

“Unfortunately, all sunscreens eventually wash off in the water, and thus there is no such thing as ‘waterproof’ sunscreen. For that reason, any claim that a sunscreen is ‘waterproof’ is false and misleading,” the A’pieu  and MISSHA sunscreen class action states. 

The consumers want to represent a nationwide class and California, New York and Illinois subclasses of all persons who have purchased one or more MISSHA and A’pieu sunscreen products within the applicable statute of limitations period. 

A’pieu and MISSHA sunscreen products cannot legally be marketed as ‘waterproof,’ class action claims

The class action lawsuit argues labeling a sunscreen product as “waterproof,” “sweatproof” or “sunblock” is expressly prohibited under U.S. regulations because the claims are “per se false and misleading.” 

Consumers claim Able C&C US is guilty of unjust enrichment and breach of express warranty and violating the New Jersey Consumer Fraud Act, California False Advertising Law and New York Deceptive Acts and Practices Act, among other laws. 

The plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, nominal, presumed, statutory and punitive damages for themselves and all class members. 

In another case involving sunscreen, a consumer filed a class action lawsuit against Supergoop in late December claiming the company falsely advertised the SPF strength of its Unseen Sunscreen SPF 40 products. 

Have you purchased a MISSHA or A’pieu ‘waterproof’ sunscreen product? Let us know in the comments.

The plaintiffs are represented by Kimberly M. Donaldson-Smith, Robert J. Kriner Jr. and Scott M. Tucker of Chimicles Schwartz Kriner & Donaldson-Smith LLP and Eric S. Dwoskin of Dwoskin Wasdin LLP. 

The MISSHA, A’pieu sunscreen class action lawsuit is Bui, et al. v. Able C&C US Inc., Case No. 2:24-cv-01157, in the U.S. District Court for the District of New Jersey.

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