Thinkbaby Lawsuit Takes Issue with ‘Natural,’ Sunblock Advertising

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Topix Pharmaceuticals faces a potential class action lawsuit that claims the company’s Thinkbaby sunscreens are falsely advertised as containing only “natural” ingredients and as “sunblock,” rendering the products misbranded by law.

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The 14-page lawsuit contends that the term “sunblock” used in the advertisements of many Thinkbaby products is not only misleading, as complete protection against UV radiation is impossible, but that it was also deemed illegal in 2011 under U.S. regulations for the same reason.

Moreover, the Thinkbaby products are not entirely “natural” since they contain synthetic compounds such as cetyl dimethicone, caprylhydroxamic acid, hexyl laurate, and others, the case argues.  Though these compounds are regarded as safe by major health agencies in low to moderate dosages, they cannot be considered “natural” ingredients, the filing stresses, adding that reasonable consumers would generally not question Thinkbaby’s advertising.

“It is also not unreasonable for consumers to believe that a sunscreen product is free from unnatural ingredients, because many such products exist on the market already,” the suit states.

Due to the risks associated with exposure to ultraviolet radiation, medical organizations have stressed the importance of sun protection, including for babies older than six months, as their sensitive skin requires a special degree of protection that they cannot provide themselves.

The plaintiff, a New York resident, had purchased the Thinkbaby sunscreen several times over similar sun protection products based on the company’s claims of effectiveness, naturalness, and safety.

By referring to its product as an all-natural sunblock, Thinkbaby profited while “leading consumers to incorrectly believe the Products completely blocked the sun’s UV rays and were free from artificial and synthetic ingredients,” the complaint argues.

Currently, there is no recall in place, and Topix Pharmaceuticals has not commented on the allegations. The company continues to sell the afflicted products directly and through a number of third-party retailers like Target, Walmart, and Amazon.com.

The Thinkbaby lawsuit looks to cover anyone in the United States who purchased the products for personal, family, or household purposes during the applicable statute of limitations period.

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