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The manufacturers of CeraVe Baby Sunscreen face a class action lawsuit over claims that its product is falsely labeled as being made with “naturally sourced sunscreen ingredients.”
Plaintiffs Mary Yoon and Christina Labajo allege that defendants Valeant Pharmaceuticals International Inc. and Valeant Pharmaceuticals North America LLC deceive consumers into believing that their baby sunscreen product is natural, when in fact, it contains a long list of synthetic products.
The plaintiffs allege that although the defendant’s marketing representations claim that its CeraVe Baby Sunscreen is formulated to “help protect and maintain baby’s delicate skin without harsh ingredients,” it actually contains potentially harmful ingredients.
The ingredients in question include phenoxyethanol, ethylhexylglycerin, and butyloctyl salicylate. The plaintiffs say that the Food and Drug Administration has warned that phenoxyethanol can cause diarrhea, vomiting, dehydration in infants, and it can depress the central nervous system.
According to the class action lawsuit, CeraVe Baby Sunscreen also includes: C12-15 Alkyl Benzoate, Glyceryl Stearate, Isohexadecane, Isostearic acid, Polyhydroxystearic acid, Triethoxycaprylylsilane, and Trimethylsiloxysilicate.
Yoon and Labajo bring this class action lawsuit on behalf of themselves and all others similarly situated. According to the complaint, they have sustained monetary damages from being misled into buying a baby sunscreen with synthetic and potentially harmful ingredients.
The defendants’ misrepresentation has been deemed fraudulent by the plaintiffs and as such, unlawful, unfair, and deceitful. Plaintiffs contend that the defendants’ practices are in violation of the: 1) California’s Consumer Legal Remedies Act, 2) California’s Unfair Competition Law, 3) California’s False Advertising Law, and 4) Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
The plaintiffs also claim the defendants are in breach of express warranty or the blatant disregard for the confirmations or affirmations of fact that CeraVe Baby Sunscreen is natural. Secondly, they file for unjust enrichment, the defendant’s monetary gains retained from the false and misleading packaging labels. Third, they file for fraud, in which they are alleged in misleading material information about CeraVe Baby Sunscreen.
Labajo and Yoon are represented by L. Timothy Fisher, Joel D. Smith, Yeremey Krivoshey, and Scott A. Bursor of Bursor & Fisher PA.
The CeraVe Baby Sunscreen Class Action Lawsuit is Christina Labajo, et. al v. Valeant Pharmaceuticals International Inc., et. al, Case No. 5:17-cv-00412, in the U.S. District Court for the Central District of California.
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