This class action considers the Kroger Company and Fruit of the Earth, Inc. (FOTE) to be responsible for Kroger’s line of sunscreen lotions and sprays. These products are all labeled as being “Reef-Friendly,” but the complaint alleges that this is not true, and that the products contain substances that are actually harmful to coral reefs and/or marine life.
A class and a subclass have been proposed for this class action:
The Nationwide Class for this action is all residents of the US who, within the applicable statutes of limitation periods, bought the products for purposes other than resale.
The California Subclass is all California residents who, between October 12, 2017 and October 12, 2021, bought the products for purposes other than resale.
The products at issue include the following:
- Kroger® Baby Sunscreen
- Kroger® Kids Sunscreen
- Kroger® Sheer Sunscreen
- Kroger® Sport Sunscreen
- Kroger® Sunscreen
- Kroger® Tanning Sunscreen
The complaint alleges, “Over half a billion people depend on reefs for food, income, and protection. … Despite their ecological and cultural importance, reefs are disappearing at alarming rates.” In recent years, then, some consumers have come to prefer sun care products that do not contain chemicals that can harm reefs or marine wildlife.
All of the Kroger products listed above carry on their front labels the words “Reef Friendly.” However, the complaint alleges that this representation is misleading, because, it says, the products contain one or more of the chemicals avobenzone, homosalate, octisalate, and cotocrylene. The complaint alleges that these chemicals “can harm and/or kill reefs, including the coral reefs and the marine life that inhabits or depends on them.”
The complaint reviews each of the allegedly harmful ingredients and makes allegations about them:
Avobenzone: When exposed to ultraviolet light, avobenzone “degrades and causes damage to coral reefs and aquatic life.
Octocrylene: Octocrylene “is associated with a wide range of toxicities, including genotoxicity, carcinogenicity, and endocrine disruption. Octocrylene has been shown to accumulate in various types of aquatic life and cause DNA damage, developmental abnormalities, and adverse reproductive effects.”
Homosalate: Homosalate “has harmful effects similar to octocrylene” and is an endocrine disruptor.
Octisalate: Octisalate has similar harmful effects. It “accumulate[s] and negatively affect[s] the coral reef ecosystems and marine organisms. The toxicity of this chemical contributes to the bleaching of coral reefs, which ultimately leads to coral extinction.”
The complaint alleges that “manufacturers, such as [Kroger], ‘greenwash’ their products by labeling them with environmentally and eco-friendly claims … to charge consumers [] a premium for reef-safe products, gain an unfair advantage over their competitors, and defraud consumers…”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Kroger “Reef Friendly” Sunscreen Products Complaint
October 12, 2021
This class action considers the Kroger Company and Fruit of the Earth, Inc. (FOTE) to be responsible for Kroger’s line of sunscreen lotions and sprays. These products are all labeled as being “Reef-Friendly,” but the complaint alleges that this is not true, and that the products contain substances that are actually harmful to coral reefs and/or marine life.
Kroger “Reef Friendly” Sunscreen Products ComplaintCase Event History
Kroger “Reef Friendly” Sunscreen Products Complaint
October 12, 2021
This class action considers the Kroger Company and Fruit of the Earth, Inc. (FOTE) to be responsible for Kroger’s line of sunscreen lotions and sprays. These products are all labeled as being “Reef-Friendly,” but the complaint alleges that this is not true, and that the products contain substances that are actually harmful to coral reefs and/or marine life.
Kroger “Reef Friendly” Sunscreen Products Complaint