Christina Spicer  |  October 31, 2018

Category: Consumer News

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A consumer alleges in a class action lawsuit that The Hain Celestial Group Inc. deceptively markets its high-end Alba Botanica sunscreen products.

Lead plaintiff and Illinois resident Katy Manley claims in her class action lawsuit that Alba Botanica sunscreen does not provide the sun protection it advertises.

Manley says that she purchased Alba Botanica sunscreen for nearly $10, but found it was difficult to apply and that improper application can lead to sunburns and skin damage.

“Consumers, like Plaintiff and the putative class members, 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 all or part of the UV radiation away from the skin,” states the Alba Botanica sunscreen class action lawsuit.

According to the Alba Botanica sunscreen class action lawsuit, The Hain Celestial Group advertises its Alba Botanica Very Emollient Mineral Spray Sunscreen as a “mineral-based” sunscreen with an SPF of 35.

Alba Botanica sunscreen is sold as a spray, notes the plaintiff, with consumers instructed to shake the bottle vigorously and thoroughly rub it into the skin.

“The ‘Refreshing’ sunscreen has an updated ‘Directions’ label that states to ‘SHAKE VIGOROUSLY for 10 seconds before use,’ and specifically instructs to ‘blend well into skin with hand,’” notes the Alba Botanica sunscreen spray class action lawsuit.

However, these instructions are not clear enough to protect consumers from the sun, alleges the plaintiff.

“According to the American Academy of Dermatology, applying sunscreen incorrectly can leave skin vulnerable to damaging UV radiation, increase risk of skin cancer, and enhance the development of skin aging signs like lines and wrinkles,” contends the Hain Celestial class action lawsuit. “Proper application of sunscreen plays a vital role in sun protection.”

The Alba Botanica “very emollient mineral sunscreen” is very difficult to apply correctly, alleges the plaintiff. Manley contends that she and other consumers should have been warned by Hain Celestial about the risks of failing to apply sunscreen properly.

“At no time did Defendant advise either Plaintiff or putative class members that their sunscreen provided less sun protection than Defendant otherwise advertised if not properly applied,” alleges the Alba Bontanica sunblock class action lawsuit.

The plaintiff points to poor customer reviews of the Alba Botanica spray sunscreen, noting that others say they have had trouble properly applying the product and ended up with sunburns.

The Alba Botanica sunscreen class action lawsuit seeks to represent a nationwide Class of consumers who purchased Alba Botanica Very Emollient Mineral Spray Sunscreen SPF 35 or substantially similar Alba Botanica spray sunscreen products, along with an Illinois subclass.

The plaintiff is seeking damages for allegations of fraud, breach of warranty, and unjust enrichment, as well as for violations of Illinois business law.

Manley and the proposed Class are represented by William M. Sweetnam and Natasha Singh of Sweetnam LLC.

The Alba Botanica Sunscreen Class Action Lawsuit is Manley v. The Hain Celestial Group Inc., Case No. 1:18-cv-07101, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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