A US consumer who tried to take legal action against Neutrogena for misleading customers by labeling products with false sunscreen claims has had his case dismissed.
Plaintiff Nathan Dapeer sought an injunction against Neutrogena over claims that the brand’s high-SPF products fail to provide greater sun protection than its cheaper, lower-SPF products.
Yet US District Judge Marcia Gooke rejected the injunction at Florida District Court on the grounds that Dapeer could not allege any threat of future harm as Neutrogena has now removed “water + sun barrier” claims from labels on its Beach Defense line of sunscreens.
Neutrogena argued that Dapeer lacked standing to sue the company since he had not actually purchased all the products listed in his complaint.
Dapeer had only purchased Neutrogena’s Ultra Sheer Body Mist SPF 30 and Beach Defense Broad Spectrum SPF 70 Lotion but brought claims against all Neutrogena Beach Defense sunscreens, as well as all the company’s other sunscreens with an SPF 50 and above.
Yet Dapeer countered Neutrogena’s argument stating that he was acting as an advocate on behalf of consumers who he felt the company had mislead.
Despite the court’s decision, Dapeer will continue to pursue the case.
“We will continue to work hard to obtain redress for the thousands of sunscreen consumers who spend their hard-earned money to buy sunscreens that do not provide the so-called superior protection that Neutrogena charges them extra for,” Dapeer’s attorney Andrea Gold, told Law 360.