CVS Zinc Sunscreens and Questionable Chemicals Class Action

Many consumers these days are concerned about chemical ingredients in products and prefer to buy only those with natural or well-known ingredients. The complaint for this class action sues Fruit of the Earth, Inc. (FOTE) and CVS Pharmacy, Inc. for CVS Health sunscreen products that prominently advertise that the products contain zinc but do not disclose that they also contain almost an equal amount of chemicals.

The Nationwide Class is all residents of the US who, within the applicable statute of limitation, bought the products at issue. A California Subclass has also been defined, for those who are residents of California.

The products at issue are the following:

• CVS Health Clear Zinc Sun Lotion (2.0 fluid ounces)
• CVS Health Clear Zinc Lotion (4.0 fluid ounces)

According to the complaint, two kinds of sunscreens exist. One contains synthetic or chemical active ingredients, such as octisalate, octocrylene, and octinoxate, which offer protection “by absorbing ultraviolet radiation and dissipating it as heat[,]” the complaint says. “Conversely, mineral-based sunscreens use mineral active ingredients, such as zinc oxide and/or titanium dioxide, which cover the skin and act as a physical barrier, deflecting and scattering UV radiation.”

Images of the two sunscreen products show they are prominently labeled as containing zinc. According to the complaint, these representations have misled consumers into thinking that the only active ingredient is zinc. This is not true, the complaint alleges: “Rather, the Products consist of nearly equal zinc mineral active ingredients and chemical active ingredients: specifically, 5% zinc mineral active ingredients and 4% chemical active ingredients (octocrylene).”

The complaint extends this accusation: “Through falsely, misleadingly, and deceptively labeling the Products, [CVS and Fruit of the Earth] sought to take advantage of consumers’ desire for mineral sunscreens, while reaping the financial benefits of using less desirable and less costly chemical active ingredients in the Products.”

“In 2019 and 2020, the complaint claims, the Food and Drug Administration (FDA) “published two studies showing that the ingredients oxybenzone, octinoxate, octisalate, octocrylene, homosalate and avobenzone are all systematically absorbed into the body after a single use. … These findings are troubling, because they show sunscreen chemicals are circulating in the blood, and the FDA has indicated that the agency does not have enough information to determine whether the chemicals are causing harm.”

Some countries, particularly areas known for their beaches and ocean-related vacations are beginning to ban sunscreens containing these chemicals, because they have shown bad effects on fish, shellfish, coral, mammals, and other wildlife.

In 2019, the FDA undertook to update its regulatory requirements for sunscreens. The complaint claims, “In fashioning the proposed rule, the FDA determined that for 12 of the 16 currently marketed active ingredients in sunscreens, including … octocrylene … there is insufficient safety data to make a positive GRASE [Generally Recognized As Save and Effective] determination…” However, the complaint alleges that the FDA did make a positive GRASE determination for zinc oxide.

Article Type: Lawsuit
Topic: Consumer
Tags: Contains synthetic ingredients, Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals