Since the 1970's, there have been health warnings on prolonged sun exposure and its link to skin cancers such as melanoma. To protect the public from this risk, companies began to produce sunscreen and sunblock to use when you are exposed to direct sunlight. Quickly, the war between companies escalated to show who could protect your skin better from harmful sun rays, and touts of being waterproof and which company makes the long-lasting sunscreen were commonplace.
However, in 2006, Lerach Coughlin Stoia Geller Rudman & Robbins LLP filed nine lawsuits in California and Abraham Fruchter & Twersky LLP alleging that the companies that manufacture sunscreen grossly misled the public in the protection their sun block products provided. Claims of waterproof sunscreen were met with dermatologist and scientific claims that while sunscreen was indeed water-resistant, the solution would need to be reapplied after going in the water. Studies show when sweating or swimming, the sunblock would need to be reapplied at least every 2-3 hours.
Furthermore, while companies that make famous brands of sun block and sunscreen such as Coppertone, Hawaiian Tropic and BullFrog claimed to protect UVA and UVB sun rays, the actual products did little to protect against the longer waves of UVA rays. The only products, it seems, that are even slightly capable of protecting people from these UVA rays would be those containing zinc oxide or parasol.
What makes this lawsuit interesting is that it claims that the companies misled consumers into believing they were safe from the dangers of sun exposure. Products specifically manufactured to protect children from the sun are the most egregious acts of marketing fraud if the premise of these lawsuits is true. One such product, Banana Boat Ultra Sunblock, is being sued directly for its claims and the lawsuit alleges that the product is neither waterproof nor a real sunblock. If the suits are approved and not settled out of court, it could take years to resolve. If true, it could vastly change the way suntan lotion and sunblock products are represented to the public.
If you have received harmful burns or contracted a skin cancer such as melanoma while using a waterproof sunscreen or sunblock, you should speak with an attorney to discuss what reparations you may be entitled to.