Banana Boat Class Action Takes Issue with Kids SPF 50 Sunscreen

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Banana Boat Kids SPF 50 sunscreen does not actually provide more protection from UV radiation than sunscreens with lower SPF, according to a class action lawsuit filed last week in New York federal court.

SPF, which stands for Sun Protection Factor, is a label that indicates the level of sunburn protection provided by sunscreen.

According to the Banana Boat class action lawsuit, sunscreens with higher SPF designations filter out more UV radiation and provide more protection from sunburns than sunscreens with a lower SPF.

Plaintiff Paul Lambrakis says he purchased Banana Boat Kids SPF 50 sunscreen because he believed that a bottle labeled “SPF 50” would contain a significant amount of protection from the sun.

However, he claims that the Banana Boat Kids SPF 50 sunscreen products don’t contain the advertised level of SPF.

According to the Banana Boat class action lawsuit, Lambrakis would not have purchased the Banana Boat Kids SPF 50 products if he had known that they contained less UV protection than advertised.

The false SPF class action lawsuit points to an independent study that found Banana Boat Kids SPF 50 sunscreen contains only an SPF of 12.69 and a UVA protection factor of 4.88. Consumer Reports research published in May indicated that nearly half of the sunscreen products they tested did not meet the published SPF label.

According the class action lawsuit, the Banana Boat Kids SPF 50 product tested by Consumer Reports researchers was found to have only SPF 8.

Lambrakis asserts that the defendants are aware that they are falsely advertising Banana Boat Kids SPF 50 but did not notify consumers that the sunscreen contains less UV protection than advertised.

He states that consumers have been injured by the defendants’ “pattern and practice of placing into the stream of commerce sunscreen products containing a false SPF number, and largely inflated UV protection numbers.”

The Banana Boat class action lawsuit asserts claims for breach of warranty, violations of New York General Business Law, fraudulent concealment, negligent misrepresentation and unjust enrichment.

Lambrakis seeks to represent a nationwide Class of consumers who purchased Banana Boat Kids SPF 50 sunscreen since 2010. He also seeks to represent a New York subclass. Hundreds of thousands of consumers may qualify, according to the Banana Boat class action lawsuit.

The Banana Boat class action lawsuit seeks an award of damages, injunctive relief, pre-judgment and post-judgment interest, attorneys’ fees and other relief deemed appropriate by the court. Lambrakis has demanded a trial by jury.

Similar Banana Boat Kids SPF 50 class action lawsuits were also recently filed in California and New Jersey.

Lambrakis is represented by Hunter Shkolnik, Paul B. Maslo and Salvatore C. Badala of Napoli Shkolnik PLLC; Brittany Weiner and Seth Asher Nadler of Imbesi Law PC.

The Banana Boat Kids SPF 50 Class Action Lawsuits are Paul Lambrakis v. Playtex Products LLC, et al., Case No. 16-cv-3371, in the U.S. District Court for the Eastern District of New York; Lauren Birmingham v. Edgewell Personal Care Co., et al., Case No. 2:16-cv-04707, in the U.S. District Court for the Central District of California, Western Division; and Dyan D’Aversa v. Playtex Products LLC, et al., Case No. 1:16-cv-03813, in the U.S. District Court for the District of New Jersey.