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The labeling on containers of Cetaphil lotion makes false promises of extra product that isn’t actually in the container, a class action lawsuit claims.
According to plaintiff Jerrold Son, the makers of Cetaphil lotion have been marketing the product in a “bonus size” container that promises 25 percent more lotion than the “regular” container at no extra cost to the consumer.
In fact, both containers contain the same amount of lotion, Son claims – only the labeling is different.
Son says that promising 25 percent more lotion for free is a false and misleading representation designed to trick consumers into buying Cetaphil lotion that they would not have bought otherwise.
“Defendant’s misrepresentations to Plaintiff and others similarly situated caused them to purchase or attempt these products, which Plaintiff and others similarly situated would not have purchased or attempted to purchase absent these misrepresentations by Defendant and its employees,” the Cetaphil class action states.
“In so doing, Defendant has violated California consumer protection statutes.”
Son says he bought a bonus size container of Cetaphil lotion in March 2017, relying on a representation on its label that said “Bonus Size 25% More Free.”
“Such representations were clearly false because its bonus size did not contain 25% more of anything, let alone for free,” Son says. He found out after making his purchase that both the bonus size Cetaphil and the regular size contain 20 ounces of product.
Had he known that the bonus size doesn’t actually contain any additional amount of Cetaphil, Son alleges, he would not have bought it.
The same is true for members of his proposed Class, Son claims. Any reasonable consumer would be misled by the representations on the Cetaphil label and might reasonably choose to buy Cetaphil over an alternative product, without getting the benefit of the bargain promised on the label, he argues.
“Moreover, Defendant’s conduct as alleged herein solely benefits Defendant while providing no benefit of any kind to any consumer,” Son adds.
In this Cetaphil class action lawsuit, Son alleged defendant Galderma Laboratories LP, the makers of Cetaphil, have violated California’s False Advertising Law and Unfair Business Practices Act.
Son proposes to bring this Cetaphil class action lawsuit on behalf of a Class of all persons who, within the applicable statutory limitations period, purchased or attempted to purchase a 20-ounce container of Cetaphil labeled with the representation “Bonus Size 25% More Free.” He expects Class Members matching that description will number in the thousands.
He is asking for a court order barring the defendant from continuing the allegedly false advertising at issue and to initiate a corrective advertising campaign. He also seeks an award of actual, statutory and punitive damages, plus court costs and attorneys’ fees, all with pre- and post-judgment interest.
Son is represented by attorneys Todd M. Friedman, Meghan E. George and Adrian R. Bacon of the Law Offices of Todd M. Friedman PC.
The Cetaphil “Bonus Size” Lotion Class Action Lawsuit is Jerrold Son v. Galderma Laboratories LP, Case No. 8:17-cv-00700, in the U.S. District Court for the Central District of California.
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91 thoughts onCetaphil Class Action Says ‘Bonus Size’ Lotion is No Bonus at All
My son has very sensitive skin and I have been purchasing this for years. Please sign me up .
I have been using this product for years. Please sign me up.
I have used this product for years. Please sign me up.
Sign me up too.
Like the other comments, I also have been using Cetaphil for years. I need to be added too.
Yes have used many years. I’m tired of the little guy getting ripped of. Even with these lawsuits. You get pennies instead of dollars unless you have a receipt going back years. Ya right who keeps a grocery receipt for years in hopes of one day joining a class action
count me in and have been using it for years, as well. Sign me up
Sign me up also. I use this all time.
Sign me up I use this on regular basis
Yes, I have used this over the years. Sign me up