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Schneider v. Colgate-Palmolive Co.

Label Plausibly Misleads Consumers on Zinc Oxide as Sunscreen's Sole Active Ingredient

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DECISION and ORDER I. INTRODUCTION On December 2, 2022, Amy Schneider (“Schneider”) and Erika Opgenorth (“Opgenorth”) (collectively “plaintiffs”) filed this putative class action against Colgate-Palmolive Company (“Colgate”) and CP Skin Health Group, Inc. (“CP Skin”) (collectively “defendants”). Dkt. No. 1. Plaintiffs’ eight-count complaint asserts that defendants engaged in false and deceptive practices in the marketing, distribution, and sale of EltaMD sunscreens. Id. On January 26, 2023, defendants moved to dismiss the complaint pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1), 12(b)(6), and 9(b). Dkt. No. 16. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. INTRODUCTION EltaMD is a professional skincare brand. Compl. 13. Defendant Colgate owns EltaMD and oversees the formulation, manufacturing, labeling, advertising, distribution, and sale of EltaMD products. Id.

11, 13. Defendant CP Skin is a Colgate corporation responsible for the EltaMD brand. Id. 12. EltaMD offers a variety of premium skin and sun care products. Compl. 14. The products at issue in this action include nine of EltaMD’s sunscreen products (the “products”). Id. 15. The front label of each of the products represents that the products contain “Transparent Zinc Oxide,” a mineral sunscreen ingredient, while failing to disclose the presence of any other active sunscreen ingredients, and the Amazon.com pages for some of the products describe the products as being “Mineral-Based.” Id.

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