Babyganics Class Action Says Sunscreen Isn’t SPF 50+

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The makers of Babyganics products were hit with a class action from a group of parents alleging its sunscreen is falsely advertised as offering SPF 50+ level protection.

Lead plaintiffs Laura Carroll, Katherine Exo, Armand Ryden, and Katharine Shaffer claim in their class action lawsuit that defendants S. C. Johnson & Son Inc. and VMG Partners LLC markets some of its Babyganics sunscreen as providing a Sun Protection Factor (SPF) of over 50.

However, after independently testing those claims, the plaintiffs say they discovered that the lotion provided significantly less protection than SPF 50.

“Consumers buy sunscreen to prevent sunburns and other harmful health effects caused by exposure to UV radiation. Sunscreen prevents burning and decreases skin’s exposure to UV radiation by absorbing UV radiation on the skin or by reflecting or scattering part or all of the UV radiation away from the skin,” the lawsuit states.

According to the Babyganics class action, the plaintiffs purchased Babyganics sunscreen sprays and lotions that were advertised as having an SPF of 50.

“SPF 50 will allow a person to stay in the sun 50 times longer without burning than if that person were wearing no protection at all,” say the class action plaintiffs.

The plaintiffs claim that after testing the products using methodology mandated by the Food and Drug Administration, they discovered that the mineral-based sunscreen only provided at most an SPF of 30 and potentially much lower.

“Consumers reasonably expect that a bottle labeled ‘SPF 50+’ will have an SPF of at least 50, and not a significantly lower amount of protection,” that Babyganics class action states.

S. C. Johnson sells a line of “Babyganics” products that is marketed as safe, accessible, and effective, allege the plaintiffs in their class action. The plaintiffs say that S.C. Johnson and VMG partners, the company that advertises the Babyganics line, deceived consumers by touting the sunscreen as offering an SPF 50 level of sun protection.

The class action lawsuit points to a 2016 article from Consumer Reports which stated that 43 percent of sunscreen products fail to meet the SPF claim on the label.

Babyganics sunscreen labeled as SPF 50+ is sold as a spray and lotion, say the plaintiffs, and is available online and in retail stores. The plaintiffs seek to represent a nationwide Class of consumers who purchased Babyganics mineral-based sunscreen lotion SPF 50+ or mineral-based sunscreen spray SPF 50+ in the United States. Further, the plaintiffs seek to represent a number of subclasses of consumers from Illinois, California, and Washington.

The class action complaint alleges that by labeling Babyganics sunscreen as SPF 50+, S.C. Johnson and VMG are in breach of warranty and the implied covenant of good faith and fair dealing, as well as California, Illinois, and Washington state law.

This Babyganics class action lawsuit comes after a $2.2 million settlement in another false advertising class action that hit S. C. Johnson over its Babyganics line.

The plaintiffs in this most recent Babyganics lawsuit are seeking restitution and disgorgement of profits, as well as damages.

Carroll, Exo, Ryden, and Shaffer are represented by Theodore B. Bell, Janine Lee Pollack and Carl V. Malmstrom of Wolf Haldenstein Adler Freemen & Herz LLC, and Stephen P. DeNittis, Joseph Osefchen and Shane Prince of DeNittis Osefchen Prince PC.

The Babyganics SPF 50+ Class Action Lawsuit is Laura Carroll, et al. v. S. C. Johnson & Son Inc., et al., Case No. 1:17-cv-05828, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: On March 29, 2018, an Illinois federal judge denied a request by S.C. Johnson & Son Inc. to dismiss a class action lawsuit alleging it marketed its Babyganics mineral-based sunscreens with a false Sun Protection Factor (SPF) rating.