Cetaphil Class Action Says Lotion Falsely Marketed as Eczema Treatment

Galderma Laboratories LP falsely markets its Cetaphil skin care products in such a manner as to suggest they will treat or mitigate the discomfort and dryness associated with eczema, according to a class action lawsuit removed to California federal court last week.

The Cetaphil class action lawsuit asserts that approximately 31.6 million Americans exhibit symptoms of eczema, with 17.8 million of those experiencing moderate to severe eczema.

The skin condition can cause significant discomfort through skin dryness, itching, sensitivity and rashes.

According to the Cetaphil eczema treatment class action lawsuit, the U.S. Food and Drug Administration has determined there is only one ingredient that shown to treat or mitigate eczema that is available in over-the-counter products: colloidal oatmeal.

There are no Cetaphil products that contain colloidal oatmeal, the eczema treatment class action lawsuit states.

Plaintiff Andrea Greenberg of California says she viewed the labels of the Cetaphil products, one of which prominently displays the words: “Eczema Calming.” She says she relied on this label when making the decision to purchase the Cetaphil product for her teenage son, who suffers from eczema.

The Cetaphil class action lawsuit points to language used to advertise their purported eczema treatment products: “eczema-soothing power,” “formulated to soothe dry, itchy skin associated with eczema and atopic dermatitis,” “formulated to … bring soothing relief to atopic skin and symptoms associated with eczema,” and other similar claims.

“Defendants’ conduct of advertising, marketing, selling, labeling, and representing that the Products treat or mitigate eczema, when they in fact do not include any ingredient approved by the FDA for treating or mitigating eczema, constitutes unlawful, unfair, and deceptive conduct,” the Cetaphil class action lawsuit states.

Greenberg also claims that the practice is unethical and likely to deceive consumers.

The plaintiff asserts that she would not have purchased the purported Cetaphil eczema treatment products (or she would have paid less for them) had she known that it was ineffective for treating or mitigating eczema, that the products did not include any ingredients approved by the FDA to treat or mitigate eczema and that the products could not have legally been sold as an eczema treatment.

By filing the Cetaphil class action lawsuit, Greenberg seeks to represent a Class of consumers who purchased Cetaphil eczema treatment products in California. She asserts violations of California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.

Greenberg has asked the court for an injunction prohibiting Cetaphil’s manufacturer from continuing to use misleading advertisements to promote the products as an eczema treatment.

She has also requested the court to order Galderma to participate in a corrective advertising campaign to inform consumers that the so-called eczema treatment products do not have the advertised characteristics.

In addition, Greenberg has asked the court to order Galderma to notify putative Class Members about the Cetaphil class action lawsuit and provide them an opportunity to obtain relief for purchasing the allegedly mislabeled products.

Greenberg is represented by Howard Hirsch and Abigail Blodgett of Lexington Law Group.

The Cetaphil Eczema Treatment Class Action Lawsuit is Andrea Greenberg v. Galderma Laboratories LP, et al., Case No. 3:16-cv-06090, in the U.S. District Court for the Northern District of California.