Coppertone was the defendant in a false advertising lawsuit alleging that its facial sunscreen is marketed separately from its body sunscreen, even though the products share the same formulation. Tonya Akes filed a federal false and deceptive advertising suit against the manufacturer of Coppertone sunscreen products, Beiersdorf, Inc. The complaint alleged that Coppertone Sport Mineral Face sunscreen was deceptively marketed as specifically formulated for the face and sold at twice the price of Coppertone sunscreen marketed for the body.
Packaging Claims and Defense Arguments
Beiersdorf did not dispute that the formulations of the two products were the same. Instead, it argued that the marketing claims on the facial sunscreen packaging were accurate and not misleading, even if the label read “for the face” and included claims that the sunscreen would not run into the wearer’s eyes. Since the plaintiff did not review the body sunscreen product before purchasing the facial version, Beiersdorf contended that any alleged injury arising from the price difference was attributable to the plaintiff’s purchasing decision.
Consumer Perception and Consumer Survey Evidence
Liability in false advertising litigation can turn on the outcomes of consumer perception research into how consumers interpret claims alleged to be misleading. Courts frequently rely on research showing how reasonable consumers interpret those signals. Properly designed materiality surveys may evaluate whether consumers relied on a claim that the facial sunscreen was different from the body sunscreen or specially formulated for facial use.
A Connecticut court denied Beiersdorf’s motion to dismiss. However, the claims were dismissed in federal court. If this had continued to trial, consumer research into the allegedly false advertising claims may have been introduced.
IMS Consumer Survey Expertise
Survey evidence can provide courts with empirical insight into how consumers interpret packaging language, product naming, and implied claims. The IMS Litigation Surveys and Consumer Sciences team designs and executes consumer surveys to support analyses of advertising claims, false advertising litigation, and regulatory reviews. Contact IMS if you require reliable consumer survey research.
