A class action lawsuit has been filed against the sunscreen company Banana Boat over alleged false advertising. The Banana Boat SPF False Advertising Class Action Lawsuit accuses the company of making exaggerated claims about the SPF protection of their products.
Plantiff Kelly Keskinen claims the company marketed their Banana Boat Kids MAX Protect and Play Lotion Sunscreen and Spray Sunscreen as SPF 100. Independent third party testing shows the sunscreen protection was actually only SPF 24.
The plaintiff alleges Banana Boat mislead customers with the incorrect SPF rating. If the customers were aware of the true rating of the sunscreen, they would have purchased another brand with a stronger protection or another sunscreen with a SPF 24 rating for significantly cheaper. According to the lawsuit, “while Banana Boat Kids SPF 100 sells for $2.25/oz., Defendant’s SPF 50 sunscreen for children sells for less than half that, and their SPF 30 products are even cheaper.”
In addition to falsely advertising to customers, Banana Boat is accused of dangerously exposing children to the harmful effects of the sun. The suit claims sun exposure can cause a myriad of health problems, including skin cancer. Children in particular are susceptible to the negative effects. “According to Johns Hopkins’ Medical Library,” it states, “ overexposure to sunlight before the age of 18 ‘is more damaging to the skin’ than overexposure at a later age, and repeated severe sunburns – as a child – can increase the likelihood of an individual’s developing skin cancer later in life.”
In 2017, a third-party laboratory conducted tests on the Banana Boat Kids sunscreen. The lab found that, despite the advertised claims of SPF 100, the sunscreen had a much weaker protection of SPF 24. The plaintiff asserts that Banana Boat was aware, or should have been aware, of the true SPF rating of their product and should thus be held accountable for the incorrect advertising.
This is not the first time Banana Boat has been accused of making false claims about their SPF protection. In June 2016, a Brooklyn man filed a class action lawsuit against the company for falsely inflating the SPF levels of products. The suit claimed Banana Boat Kids SPF 50 was tested by an independent North Carolina lab and found to have a protection level of SPF 12.69.
The suit filed by Kelly Keskinen accuses Banana Boat of false advertising, fraud, breached warranties and violating California consumer protection laws. The plaintiff is seeking damages and an injunction against Banana Boat on behalf of anyone who has purchased Banana Boat Kids SPF 100 sunscreen or spray between October 21, 2011 and the present.
The lead plaintiff, Kelly Keskinen, is represented by Marc L. Godino of Glancy Prongay & Murray LLP, and Kevin Landau, Brett Cebulash and Miles Greaves of Taus, Cebulash & Landau LLP. The Banana Boat SPF False Advertising Class Action Lawsuit is Keskinen v. Edgwell Personal Care Co., et al., Case No. 2:17-cv-07721-AB-PJW, in the U.S. District Court for the Central District of California.