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Lawsuits go after Walmart, Target products for destroying coral

FLORIDA RECORD

Thursday, November 21, 2024

Lawsuits go after Walmart, Target products for destroying coral

Federal Court
Coralreef

AliceKeyStudio/Pixabay

TAMPA — Two lawsuits have been filed against Target and Walmart alleging the retailers are harming coral reefs with their alleged "reef-friendly" sunscreens.

The lawsuits allege that the sunscreens are anything but reef-friendly and instead, are misleading and deceptive.

Annet Tivin filed the class-action against Target in Fort Lauderdale, while Nakiah Alvarado filed the class-action against Walmart in Tampa.

The complaints allege the retailers' sunscreen labeled as "reef-friendly" and "reef-conscious" are misleading and deceptive because they contain ingredients harmful to coral reefs.

The plaintiffs claim coral reefs have declined due to manmade factors such as excess nutrients, global warming, overfishing and chemicals.

Both plaintiffs emphasize the significance of protecting coral reefs and promoting awareness about environmentally friendly sunscreens in their complaints, according to the suits.

The plaintiffs claim studies and research findings indicate the harmful effects of specific sunscreen chemicals, such as oxybenzone and octinoxate, on coral reefs. It claims that Walmart's sunscreen, despite being labeled as "Reef Friendly," contains ingredients like avobenzone, homosalate, octisalate and octocrylene, which are also harmful to coral reefs.

The plaintiffs claim Target and Walmart's labeling violates the Florida Deceptive and Unfair Trade Practices Act, false and misleading advertising under Florida Statute § 817.41, and fraud. 

"As a result of the false and misleading representations, the Product is sold at a premium price, approximately no less than no less than approximately $4.09 for 2.2 oz (65 g) and $4.99 for 5.5 oz (156 g), excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions," one of the complaints states.

The plaintiffs argue that Target and Walmart's marketing and advertising created a false impression of the sunscreen's environmental friendliness, inducing consumers to pay a premium price for a product that is not truly reef-friendly.

"Independent watchdog groups have cautioned consumers of labels like 'reef friendly,' 'reef safe,' and 'reef-conscious formula' that are applied to traditional chemical sunscreens, based on containing any of the above-identified ingredients, which cause harm to coral reefs," one of the complaints states.

Though consumers have been buying sunscreens from Target and Walmart and expect them to be "reef-friendly" as stated on the packaging, they contain ingredients such as Avobenzone, Homosalate, Octisalate and Octocrylene, which harm coral reefs.

"Many of these nine chemicals have been linked to causing harm to coral reef ecosystems," one of the complaints states. "Nowhere on the labeling does the Product tell purchasers that its active ingredients of avobenzone, homosalate, octisalate, and octocrylene are inconsistent with 'protecting and safeguarding' coral reefs, which is what they expect from a 'reef-conscious formula.'"

The complaints seek class-action status on behalf of all in Florida who purchased the product during the statutes of limitations for each cause of action alleged.

The complaints are seeking compensatory damages. They are represented by William Wright of The Wright Law Office in West Palm Beach.

The plaintiffs' attorney declined to comment on the cases.

U.S. District Court for the Middle District of Florida case numbers: 8:23-cv-02592, U.S. District Court for the Southern District of Florida case number: 0:23-cv-62245

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