Target Up & Up “Reef Conscious” Sunscreen Products Class Action

Coral reefs are diverse ecosystems but threatened nowadays due to pollution and other causes. The complaint for this class action alleges that consumers know this and many prefer to use sun care products, such as sunscreens, that will not cause further damage. But the complaint alleges that certain sunscreens, from Target Corporation and Fruit of the Earth, Inc., are marketed as being “Reef Friendly” when they actually contain ingredients that can harm coral reefs.

The Nationwide Class for this action is all residents of the US who, within the applicable statutes of limitations, bought the products for purposes other than resale. A California Subclass has also been proposed, for residents of California.

All residents of the United States who, within the applicable statute of limitations periods, purchased the Products for purposes other than resale (“Nationwide Class”); and
All residents of California who, within four years prior to the filing of this Complaint, purchased the Products for purposes other than resale (“California Subclass”).

The products at issue include the following:

Up & Up™ Kids’ Sunscreen

• Spray, in SPF 50, 5.5-, 7.3-, and 9.1-oz, and
• Stick, in SPF 55, 0.47-oz

Up & Up™ Sport Sunscreen

• Lotion, in SPF 30, 3- and 10.4-oz,
• Lotion, in SPF 50, 10.4-oz,
• Spray, in SPF 15, 9.1-oz,
• Spray, in SPF 30, 2.2-, 5.5-, 7.3-, and 9.1-oz,
• Spray, in SPF 50, 5.5-, 7.3-, and 9.1-oz,
• Stick, in SPF 55, 0.47- and 1.5-oz, and
• Lip Balm, in SPF 50, 0.15-oz

The complaint alleges, “Over half a billion people depend on reefs for food, incomes, and protection.”

Drawing on an article on the National Oceanic and Atmospheric Administration, the complaint claims that “reef ecosystems are culturally important to people around the world. Indeed, the world’s largest reef, the Australian Great Barrier Reef, is considered to be one of the great seven natural wonders of the world due to its scale, beauty, and biodiversity.” However, it says, “reefs are disappearing at alarming rates.”

The defendant companies in this case appear to offer consumers products that will not further harm reefs. The complaint displays images of the products, all of which show the words “Reef Conscious Formula” on their front labels. However, the complaint alleges that the products contain ingredients that can harm or kill reefs or the marine life living in them, including avobenzone, homosalate, octorylene, octisalate, or octocrylene.

The complaint reviews information on these substances from the Haereticus Environmental Laboratory, the National Ocean Service, the Hawaii Center for Biological Diversity, and other groups that have researched them. It notes that the Hawaii Legislature has banned the sale of sunscreens containing oxybenzone, octinoxate, avobenzone, and octocrylene. Similar bans on some of these chemicals are either in effect or being considered in other countries.

The complaint alleges that “manufacturers … ‘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: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals