Korean-based Beauty Brand Faces Class Action Lawsuit Over “Waterproof” Sunscreen

Eric Dwoskin and Chimicles Schwartz Kriner & Donaldson-Smith LLP lead a class action lawsuit against Able C&C, a Korean-based beauty brand that sells under the trade name MISSHA, for marketing its sunscreen as “waterproof.” FDA regulations prohibit marketing sunscreen as “waterproof” because there is no such thing as “waterproof” sunscreen; all sunscreen washes off in the water eventually.  

According to the complaint filed in federal court in New Jersey, MISSHA deceptively advertises its sunscreen products to increase traction in the billion-dollar sun protection market, deceiving consumers who bought into the company’s false claims about its products’ ability to block all UV rays in the process.  

“Consumers place their trust in brands, expecting their products to perform as marketed. MISSHA betrayed that trust by preying on consumers’ fears about sun protection to sell its products, even though its claims of being ‘waterproof’ and able to ‘block all UV rays’ were impossible,” said Dwoskin. “What’s worse is that when confronted with concerns regarding the legitimacy of its claims, MISSHA made zero efforts to address them.” 

The lawsuit seeks damages and other relief caused by MISSHA’s false advertising.