Aveeno Sunscreen Class Action Lawsuit Gets Trimmed
By Mike Holter
A federal judge yesterday trimmed a class action lawsuit accusing Johnson & Johnson of falsely advertising that its high SPF Aveeno Active Naturals sunscreen products offer more sun protection than lower SPF sunscreen products.
U.S. District Judge George H Wu tentatively ruled that the lead plaintiff in the Aveeno sunscreen class action lawsuit could not pursue claims involving products she did not purchase and could only proceed with claims involving the 100+ SPF Aveeno sunscreen product she did buy.
Judge Wu said Contreras could amend the complaint to add plaintiffs who bought the three sunscreens she did not purchase.
Plaintiff Guillermina Contreras filed the Aveeno Active Naturals sunscreen class action lawsuit in September, citing an FDA conclusion that “sunscreen products with SPF values over 50 do not provide any increase in clinical benefit over SPF 50 sunscreen products.”
Johnson & Johnson charges a premium price for 70-100+ SPF Aveeno Active Naturals sunscreens products over other lower-SPF Aveeno sunscreen products.
Contreras is also challenging Johnson & Johnson’s advertising claims that these products offer “sunblock” protection, are “waterproof” and provide “long-lasting protection” against the sun.
According to the Aveeno sunscreen class action lawsuit, scientific studies have allegedly established that sunscreen products are not “waterproof,” do not “block” all UV radiation, and must be reapplied every two hours to maintain their effectiveness. Based on these studies, the FDA has identified the terms “sunblock” and “waterproof” as false and misleading terms.
The Aveeno Active Naturals Sunscreen False Advertising Class Action Lawsuit case is Guillermina Contreras v. Johnson and Johnson Consumer Companies, Inc., Case No. 12-cv-7099, California Central District Court.
Contreras is represented by Todd David Carpenter, Elaine A. Ryan and Patricia N. Syverson of Bonnett Fairbourn Friedman & Balint PC.
Updated November 30th, 2012
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