Aquaphor Lip Repair Falsely Advertised as Preservative-Free, Class Action Alleges

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The company behind Aquaphor Lip Repair faces a proposed class action that claims the product is falsely advertised as preservative-free.

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The 15-page lawsuit says that contrary to defendant Beiersdorf’s claim that the product has “No preservatives,” the back-label ingredients list indicates the presence of sodium ascorbyl phosphate—a common preservative often used in skin care products.

According to the suit, sodium ascorbyl phosphate is frequently added to cosmetics and skincare items for use as an antioxidant and because one of its components—ascorbic acid—has antimicrobial properties that prevent spoilage and preserve freshness.

The product’s label claim is deceptive because sodium ascorbyl phosphate functions as a preservative regardless of whether it is added for another purported intent, the case argues.

Per the complaint, the company has allegedly misrepresented the beauty product to cash in on consumers’ increasing desire for “clean” cosmetics—i.e., items that are more natural or free from synthetic additives like preservatives.

The plaintiff, a New York City resident who has purchased the Aquaphor product numerous times, claims she would not have paid as much for the item, or bought it at all, had she known its preservative-free representation was false.

The lawsuit looks to represent anyone in the United States who purchased Aquaphor Lip Repair during the applicable statute of limitations period.

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