Plaintiff Tonya Akes (both individually and on behalf of all other similarly situated) filed suit on Monday in the District of Connecticut against defendant Beiersdorf, Inc. The class action complaint alleges that the defendant produces and markets their Coppertone Sport Mineral FACE lotion in a misleading manner, since the product is allegedly the same as the regular Coppertone Sport Mineral sunscreen.
The labeling on the front of the product at issue, the complaint says, specifically notes that the lotion will not run into eyes and is oil free.
The complaint explains that the packaging of the Coppertone Sport Mineral Face lotion leads consumers to reasonably believe that the product is specifically designed for the face and are willing to pay more for the lotion. Although the product costs twice as much per ounce as Coppertone’s regular Sport Mineral lotion, the complaint asserts that consumers are willing to buy it since “they want a product that is specifically formulated for use on their face.”
Despite the defendant’s marketing of the face lotion, the plaintiff claims that the face lotion is identical to the regular Coppertone Sport Mineral, which is a fraction of the price. By using the aforementioned labeling on the face lotion, the defendant “is tricking consumers into thinking they are buying sunscreen lotion specially formulated for the face, when in reality, they are just buying Defendant’s regular Sport Mineral sunscreen in a smaller – and far more expensive – bottle.”
The complaint cites violations of State Consumer Protection Acts, a violation of California’s Unfair Competition Law and of California’s False Advertising Law, and quasi-contract/unjust enrichment. Akes is seeking a trial by jury, class certification, favorable judgment on each count, damages, restitution and disgorgement, pre- and post-judgment interest, litigation fees, and any other relief deemed just by the Court.
The plaintiff is represented by Izard, Kindall & Raabe LLP and Dovel & Luner LLP.
