The same month, Plaintiffs moved for preliminary approval of a settlement of this lawsuit. According to the proposed settlement terms, class members with proof of purchase may receive a full refund and class members without proof of purchase may receive up to eight refunds. In addition, the companies agreed to make the following changes to the marketing at issue for a period of at least three years:
- the front label of Babyganics products will refer consumers to the back label where the ingredients that are and are not organic will be disclosed;
- the word “natural” will be removed from the front label of the products at issue unless the “natural” label is allowed by federal and state regulations; and
- the product labels of “mineral-based” sunscreens will refer consumers to the company website where the phrase “mineral-based” will be defined.
September 2016: A false advertising class-action lawsuit was filed against Babyganics, a company that sells baby care, sun protection, and cleaning products, for allegedly deceptively marketing products as organic when, according to the plaintiffs, they contain “minimal organic ingredients.” In addition, the complaint claims that the company deceptively labels sunscreens as “mineral-based” sunscreens that use physical sunscreens (i.e., ones that stay on top of the skin to deflect and scatter UV rays away from the skin) when they are actually a combination of physical sunscreens and chemical sunscreens (i.e., sunscreens that penetrate the skin and absorb UV radiation). (Mayhew et al v. KAS Direct, LLC d/b/a Babyganics, Case No. 16-cv-6981, S. D. NY.)
For more information about organic claims and TINA.org’s coverage of the issue, click here.
For more information about class-action lawsuits regarding sunscreen and TINA.org’s coverage of the product, click here.