On March 29, 2018, the United Stated Court for the Northern District of Illinois denied Defendant S.C. Johnsons motion to dismiss which sought to dismiss consumer fraud based claims involving the company’s Babyganics mineral based SPF 50 sunscreen. Plaintiff Laura Carrol filed an action alleging that S.C.Johnson’s Babyganics mineral based SPF 50 sunscreen was mislabeled and deceptive because it contained sun protection of SPF 25, not 50 as represented. Carrol filed her claim after Consumer Reports conducted testing which found the Babyganics SPF 50 representation inaccurate. DeNittis Osefchen Prince then retained a well recognized lab in the sunscreen industry which conducted further FDA approved testing which confirmed the SPF of the product to be 25, instead of 50. Defendant S.C. Carroll moved to dismiss the lawsuit. However, the Court denied Defendants’ motion to dismiss finding that all of the claims, including those for consumer fraud, may go forward. DeNittis Osefchen Prince is involved in many sunscreen SPF mislabeling lawsuits including cases involving Coppertone’s High Performance SPF 30 Sunscreen lotion and spray, Cera Ve Face and Body Lotion SPF 30 and Body Lotion 50, and Banana Boat’s Kids SPF 50 sunscreen. This ruling paves the way for all of these claims to proceed.
Click here for Court’s Order on Motion to Dismiss