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Class Action Claims EltaMD’s SPF Value Inaccurate

Swiss-American and their skin care product, EltaMD, is the target of a class action lawsuit that alleges the EltaMD UV Aero sunscreen is falsely labeled as providing an SPF (sunburn prevention factor) of 45, when in fact the SPF is much lower. The complaint contends that not only is Swiss-American’s labeling deceitful, it is potentially hazardous to the health of consumers. Users of EltaMD UV Aero have been led to believe they have a greater degree of protection against the sun than they really have. Thus, the complaint accuses the company’s mislabeling practice as, “wanton and reckless,” since ultraviolet rays are a known carcinogen.

Swiss-American’s EltaMD sunscreens are available only through physicians who are authorized to dispense it. The company website claims, “EltaMD sunscreens help prevent sunburn and decrease the risk of skin cancer and early skin aging caused by the sun…”

Yet, in May 2015, Consumer Reports published their test results of the product, which showed the SPF levels were less than 30, when they claimed to be 45. Additionally, Swiss-American neglected to correct its labels after these tests. Instead, the company attempted to discredit the Consumer Reports findings.

Eli Dayan filed the lawsuit in a New York court on behalf of himself and other class members. Dayan purchased EltaMD in the summer of 2015 through an authorized physician, unaware of the Consumer Reports results. The legal complaint states: “To his dismay, the product did not work.” Dayan paid a premium price for EltaMD, over and above other sunscreens with lower or similar SPF values. He based his choice on the EltaMD labels that claimed an SPF of 45.

After the Consumer Reports study, an independent laboratory test from Engineering Sciences confirmed the actual EltaMD SPF to be around 18.

The Food, Drug, and Cosmetic Act prohibits false or misleading sunscreen labeling. Such practice renders the product misbranded and unlawful for consumer purchase.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Complaint Claims EltaMD’s SPF Value Inaccurate

December 4, 2015

Swiss-American and their skin care product, EltaMD, is the target of this complaint that alleges the EltaMD UV Aero sunscreen is falsely labeled as providing an SPF (sunburn prevention factor) of 45, when in fact the SPF is much lower. 

swiss_american_complaint.pdf

Case Event History

Complaint Claims EltaMD’s SPF Value Inaccurate

December 4, 2015

Swiss-American and their skin care product, EltaMD, is the target of this complaint that alleges the EltaMD UV Aero sunscreen is falsely labeled as providing an SPF (sunburn prevention factor) of 45, when in fact the SPF is much lower. 

swiss_american_complaint.pdf
Tags: Deceptive Advertising, Deceptive Labels, Untrue Product Claims