Class Action Trend: Sunscreen Manufacturers Continue To Be Pounded Over Reef Safety Claims

Since September 2021, at least 10 class actions have been brought against various sunscreens manufacturers, all challenging claims made on the front label about the safety of the sunscreens to coral reefs. Some of the brands challenged include popular household brands, such as Banana Boat, Hawaiian Tropic, Kroger, and Target’s Up & Up. All products challenged contain a combination of chemical active ingredients octocrylene, avobenzone, homosalate, and/or octisalate, all of which, plaintiffs allege, are hazardous to reefs, including coral and other marine life that inhabit and depend on them. Nonetheless, all the products make claims promising safety to reefs, such as “Reef Safe,” “Reef Friendly,” or “Reef-Conscious Formula,” which plaintiffs allege are false and deceptive representations.  

Faruqi & Faruqi has been at the forefront of this litigation trend, with the first-filed action against Edgewell Personal Care, LLC, manufacturer of Banana Boat and Hawaiian Tropic sunscreen products. Faruqi & Faruqi has also been involved as co-counsel for plaintiffs in a majority of the subsequent cases brought. While all parties are awaiting decision on motions to dismiss, consumers and manufacturers alike should be on the lookout for how courts come out on the key legal and factual issues permeating the cases. 

For a copy of the first-filed action against Edgewell, click here.