Banana Boat Sport Ultra Faces Is ‘Exactly the Same’ as Regular Sunscreen Variety Despite Costing More, Class Action Says
Lowe v. Edgewell Personal Care Brands LLC
Filed: September 26, 2023 ◆§ 3:23-cv-01256
The maker of Banana Boat Sport Ultra Faces faces a class action that alleges the sunscreen is not specifically designed for use on the face as advertised.
Illinois Consumer Fraud and Deceptive Business Practices Act California Business and Professions Code New York General Business Law California Unfair Competition Law Washington Consumer Protection Act California Consumers Legal Remedies Act Missouri Merchandising Practices Act Maryland Consumer Protection Act Connecticut Unfair Trade Practices Act
Connecticut
The maker of Banana Boat Sport Ultra Faces sunscreen faces a proposed class action that alleges the product is not specifically designed for use on the face as advertised, despite costing more than its regular Banana Boat counterpart.
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The 22-page suit against Edgewell Personal Care Brands says that consumers are willing to pay more for Banana Boat Sport Ultra Faces sunscreen based on the belief that the product is designed specifically to be used on the face. In fact, the “oil free,” “non-greasy” sunscreen “costs more than twice as much” as Banana Boat’s regular Sport Ultra lotion, the filing claims, noting that consumers will pay the price because they want a product that is made specifically for use on their face.
However, the lawsuit argues that there is “nothing special about Banana Boat Sport Ultra Faces that makes it any better for facial applications” than the regular sunscreen variety.
“In fact, Banana Boat Sport Ultra Faces is exactly the same as the regular Banana Boat Sport Ultra lotion,” the complaint states. “Defendant is putting the same sunscreen into two different bottles with different labels, and charging more for one of them. Consumers are being deceived and overcharged.”
Per the case, reasonable consumers are led to believe that there is something different about the Banana Boat Sport Ultra Faces sunscreen compared to the regular Banana Boat Sport Ultra lotion. The lawsuit says that a three-ounce container of the Faces product costs the same as an eight-ounce container of the regular sunscreen lotion, a price difference that the case says leads reasonable consumers to believe the Faces sunscreen is specifically formulated for the face, while the regular product is not.
In truth, however, Edgewell is merely “taking the same exact product and putting it in two different bottles, one prominently marked ‘Faces’ and one not,” the lawsuit claims.
“In short, Defendant is tricking consumers into thinking they are buying sunscreen lotion specially formulated for the face, when in reality, they are just buying Defendant’s regular Sport Ultra sunscreen in a smaller—and far more expensive—bottle,” the complaint alleges, claiming consumers are paying more than they otherwise would “as a direct result of [Edgewell’s] deception.”
The lawsuit looks to cover all persons who bought a Banana Boat Sport Ultra Faces product in the United States during the applicable statute of limitations period.
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