Suit Alleges Blue Lizard 'Mineral' Sunscreen Label is Deceptive

May 7th, 2021
Rachel Grabenhofer
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According to a report by Bloomberg Law, a proposed class action suit is in the works in a California federal court alleging Crown Laboratories has misled consumers with a "mineral-based" label on its Blue Lizard sunscreen—when, in fact, it contains octisalate and octinoxate.

The plaintiff, Stacie Somers, claims the company is capitalizing on consumers' desire for healthy sunscreen products. According to the court document, the purported "mineral-based" products include Kids Mineral-Based Sunscreen SPF 30+ (5 oz bottle); Kids Mineral-Based Sunscreen SPF 30+ (8.75 oz bottle); Kids Mineral-Based Sunscreen SPF 50+ (5 oz tube); Kids Mineral-Based Sunscreen SPF 50+ (8.75 oz bottle); Face Mineral-Based Sunscreen SPF 30+ (3 oz tube); Active Mineral-Based Sunscreen SPF 50+ (5 oz tube); Active Mineral-Based Sunscreen SPF 50+ (8.75 oz bottle); Sport Mineral-Based Sunscreen SPF 50+ (5 oz bottle); and Sport Mineral-Based Sunscreen SPF 50+ (8.75 oz bottle). Each of these products is reported to contain octisalate at 5% and octinoxate at 5.5%.

As outlined in the court document, "mineral-based sunscreens have become increasingly popular in recent years as consumers have prioritized safety and embraced a healthy lifestyle, and as consumers are becoming more educated about the potential harmful human and environmental effects of using chemical-based sunscreens. Given their rise in popularity and corresponding increase in demand, mineral sunscreen products command a price premium over chemical sunscreen products."

See related: Key West Joins Hawaii in the Ban of Octinoxate and Oxybenzone

It continues, "Reasonable consumers, including the plaintiff, interpret 'mineral-based' representations to mean that a product is free of chemical active ingredients, much in the same way that reasonable consumers understand that a product labeled 'plant-based' does not contain meat. ... Thus, a mineral-based sunscreen should be just what it sounds like—a sunscreen that uses minerals as its active ingredients."

As such, the suit states that consumers, including the plaintiff and putative class members, have been injured by their purchases of these products. The plaintiff is pursuing a trial by jury.

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