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ARTICLE · 11 JANUARY 2016

SPF 70 Claims Blocked

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Plaintiff Nathan Dapeer sued Neutrogena, claiming that he and similarly situated consumers had been deceived by the company's labeling of its Beach Defense Broad Spectrum SPF 70 Lotion.

United StatesMedia, Telecoms, IT, Entertainment
Alexander Kaplan
Alexander Kaplan
Lee Popkin
Lee Popkin
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A putative class action got burned at the certification stage earlier this month when U.S. Magistrate Judge Edwin G. Torres for the Southern District of Florida found that the proposed class failed to satisfy the ascertainability and typicality requirements.

Plaintiff Nathan Dapeer sued Neutrogena, claiming that he and similarly situated consumers had been deceived by the company's labeling of its Beach Defense Broad Spectrum SPF 70 Lotion.  SPF, or Sunscreen Protection Factor, measures the degree to which a sunscreen protects skin against UV rays.  According to Plaintiff, consumers generally believe that there is a linear relationship between a sunscreen's SPF and the protection it provides, when, in fact, SPFs over 50 do not offer increased protection compared to SPF 50.  Dapeer alleged that Neutrogena took advantage of this common mistaken assumption by using "SPF 70" combined with a price premium to misleadingly suggest that the product provided superior sun

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