On Tuesday a putative class action was filed in the Southern District of New York against Bayer Healthcare Pharmaceuticals. The case is regarding the sale of Coppertone Water Babies SPF 50 as a defective product, due to containing the chemical benzophenone, a known mutagen and carcinogen.
According to the complaint, Coppertone Water Babies SPF 50 does not contain this chemical as an intended ingredient, but the plaintiff alleges that bottles of Coppertone contain increasing amounts of benzophenone as a result of the degradation of the chemical octocrylene. The plaintiff also alleges that it is possible that the initial creation of the product also contains contamination from benzophenone. The complaint said that the inclusion of this chemical also is contrary to the defendant’s extensive marketing of the product as safe, tested, and having wholesome ingredients.
The plaintiff is suing for deceptive trade practices, false advertising, breach of express warranty, breach of implied warranty, and unjust enrichment. The proposed class is represented by Milberg Coleman Bryson Phillips Grossman PLLC.
