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ARTICLE · 18 JULY 2022

When Can You Charge More For The "Same" Product?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Coppertone sunscreen-maker Beiersdorf, Inc. is facing a proposed class action brought on by buyers who say they've been duped into paying twice as much for Coppertone Sport Mineral Face sunscreen...

United StatesMedia, Telecoms, IT, Entertainment

Coppertone sunscreen-maker Beiersdorf, Inc. is facing a proposed class action brought on by buyers who say they've been duped into paying twice as much for Coppertone Sport Mineral Face sunscreen, despite it being "exactly the same" as the regular Coppertone Sport Mineral lotion variety. The customers claim the product's advertising misled them into believing the face product was different from the regular lotion, justifying its higher price tag.

According to the allegations in the complaint, the face lotion's label includes markings such as "Face," "Won't Run Into Eyes," and "Oil Free," despite a formulation nearly identical to Coppertone's regular, cheaper sunblock. The proposed class action complaint alleges that because these prominent representations lead reasonable consumers to believe the product is specifically designed for the face, buyers are more willing to pay a higher price for it. Per ounce, Coppertone's face sunscreen costs twice as much as its

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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