Rite Aid Class Action Says SPF 85 Sunscreen is Really SPF 22

A recent class action lawsuit filed in a California federal court alleges that Rite Aid sunscreen has a lower SPF than what is advertised by the company and labeling.

Plaintiff Teah Lynn claims that Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen with an advertised SPF of 85 actually has an SPF rating of 22.

The SPF rating on sunscreen indicates a products sun protection factor. The SPF number indicates the amount of time a person can stay in the sun after applying a sunscreen without getting burned.

Sunscreen with a high SPF rating is more effective and filters out more UV radiation to protect the skin from sun burns and the development of skin cancer.

The Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen with an advertised SPF of 85 is allegedly sold for a higher price of $1.90 per ounce due to its high SPF rating.

In comparison, Rite Aid sunscreen with SPF 70 sells for $1.33 per ounce. However, Lynn claims that the Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen with SPF 85 actually has an SPF rating of 22 – a dramatically low number in comparison with the advertised 85.

“Ignoring the fact that Ms. Lynn was misled into purchasing a product that could have physically harmed her, Defendant’s sunscreen was drastically overpriced,” the Rite Aid class action claims. “In fact, given that its SPF was less than 30, the Product may not have been worth anything at all.”

The Rite Aid class action claims that Lynn and other consumers would not have purchased the sunscreen product, or would not have paid the premium price that they did, had they been aware of the product’s true SPF rating.

Additionally, Lynn says Rite Aid knew their sunscreen had a low SPF rating but chose to advertise their product fraudulently in order to increase the product’s price.

“Defendant made its SPF misrepresentations with the intent that consumers rely upon them, in order to boost the Product’s sales and increase the price they could charge for the Product,” the Rite Aid class action claims. “As noted above, the SPF 85 claim figures prominently on Defendant’s label, and because consumers would generally be willing to pay more for sunscreens that promise higher levels of UV protection.”

Lynn alleges that Rite Aid’s behavior is in violation of California’s Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising Act.

She also brings claims of breach of express warranty, breach of implied warranties of merchantability, negligent misrepresentation, and unjust enrichment.

Lynn seeks to represent a Class of consumers who purchased Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen with an advertised SPF of 85 in California within the last four years.

The Rite Aid class action lawsuit seeks actual damages, restitution, court costs, and attorneys’ fees.

The plaintiff is represented by Gerald B. Malanga of Lattie Malanga Libertino LLP and Alice A. Curry of the Law Office of Alice A. Curry.

The Rite Aid Sunscreen Spray Class Action Lawsuit is Lynn v. Rite Aid Corporation, Case No. 2:18-cv-08761, in the U.S. District Court for the Central District of California.