CeraVe Lawsuit Claims Pricier Baby Skincare Cream, Ointment Are ‘Materially Identical’ to Standard Products

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A proposed class action lawsuit alleges that L’Oréal misleadingly advertises its CeraVe “Baby” Healing Ointment and Eczema Cream in that the purportedly baby-specific products are “materially identical” to standard CeraVe items.

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The 20-page false advertising lawsuit claims that although manufacturer L’Oréal markets CeraVe “Baby” Healing Ointment and CeraVe “Baby” Eczema Cream with the “false distinction” that they are specially formulated and designed for infants’ skin, in reality there is no meaningful difference between the products’ formulations and those of cheaper standard formulations. 

According to the case, the products’ packaging includes the word “Baby” styled as colorful toy blocks alongside claims that the ointment and cream were “Developed with Pediatric Dermatologists” to provide a “gentle, fragrance-free formula” uniquely appropriate for babies’ delicate skin.

However, the lawsuit contends that these representations are false and misleading as the products are identical in “all relevant aspects,” including their active ingredients, active ingredient concentration, inactive ingredients, overall formulation, and directions for use.

Per the case, CeraVe Baby Healing Ointment and standard CeraVe Healing Ointment both contain 46.5 percent petrolatum, while CeraVe Baby Eczema Cream and standard CeraVe Eczema Cream both contain one percent colloidal oatmeal.

The complaint asserts that L’Oréal uses the “Baby” representations on product packaging to command a significant price premium for products that are functionally indistinguishable from the standard formulations.

Indeed, a three-ounce container of CeraVe “Baby” Healing Ointment reportedly retails for $14.49 at CVS, while the standard formula of the same size is reportedly only $10.79, the case notes, adding that the “Baby” designation on the products amounts to a marketing choice, not an indicator that the items have different formulas.

The lawsuit adds that parents and caregivers tend to be cautious when choosing skincare products for their infants and children and therefore rely on representations that a given product is specially formulated for and is more suitable for use on babies.

The CeraVe class action lawsuit looks to cover all individuals in California who, from any time four years prior to the filing of the complaint through the date a class is notified, purchased CeraVe Baby Healing Ointment or CeraVe Baby Eczema Cream for personal or household use and not for resale or distribution.

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