Reef Friendly Sunscreen Lawsuits

Should You Pay More For ‘Reef Safe’ Sunscreen?

Consumers are understandably drawn to natural and environmentally friendly products. When given the choice between a sunscreen product full of harmful chemicals and one believed to be healthier for marine life, you may be more likely to buy a green, sustainable product, even if it costs a bit more. But these promises may not hold much credence and could simply be misleading sales gimmicks.

There are, in fact, many mineral-based sunscreen products on the market, proven to be less harmful to marine life. But some companies selling chemical-based sunscreen may be misleading consumers, deceiving them with labeling that suggests the more expensive product is “reef-safe.”

It turns out that many of these sunscreens marketed as “marine friendly” contain the same or similar active ingredients believed to adversely impact marine ecosystems.

Can I File a Deceptive Marketing Lawsuit?

As a result of false and eco-friendly misrepresentations, some chemical-based reef safe sunscreens are sold at a premium price, effectively charging more with no added environmental benefit. Plaintiffs are asking for rightful compensation and label changes.

Research is ongoing, and knowing what sunscreen ingredients are truly safe for vulnerable coral reefs is still up for debate. Companies, however, are prohibited from making false claims about the benefits of potentially harmful chemicals.

If you have purchased a chemical-based sunscreen product at a premium price because you believed it was marine friendly (e.g., reef-safe, reef-conscious, marine-safe, reef-friendly, ocean-safe, sustainable), but it actually contains questionable chemicals, you may have a valid claim. Contact our legal team to investigate your sunscreen false advertising claims.

Other Reef Friendly Sunscreen Lawsuits

Consumer protection attorneys say the labeling on many popular personal care and sunscreen products violates the FTC Green Guides－the Federal Trade Commission’s environmental marketing guidance. Plaintiffs also add that the advertising language is inconsistent with protecting and safeguarding marine life and coral reefs.

Federal judges in California have denied motions to dismiss reef-friendly sunscreen false labeling claims, holding that plaintiffs have adequately alleged that “reef safe” may be a deceptive representation under consumer protection laws.

In May 2024, a proposed false advertising class action lawsuit was filed against Target Corp., alleging that the company deceptively marketed its Up & Up sunscreens as “reef-conscious.” Plaintiffs claim the sunscreen formula sold by Target contained avobenzone, homosalate, octocrylene and octisalate, all active ingredients that could contribute to the bleaching of coral reefs.

Walmart, Wegmans, Kroger, and Big Lots have faced similar lawsuits, claiming their “reef-safe” and “reef-friendly” sunscreen brands contain chemicals that may harm coral reefs. Plaintiffs argue that the companies deceived consumers into paying a premium for a product that is not proven safe for marine life.

Which Reef Friendly Sunscreen Chemicals are Harmful to Coral Reefs?

More and more studies suggest that chemical sunscreen can harm aquatic life, including corals. Most marine life experts urge consumers to move toward mineral-based sunscreens, which evidence shows have less of an impact than some organic chemicals known as UV filters. Some common UV filters include octocrylene, octinoxate, octisalate, avobenzone, and benzophenones.

The National Academies of Sciences, Engineering and Medicine (NASEM) has published a report that calls on the U.S. Environmental Protection Agency to conduct an ecological risk assessment of UV filters to clarify the possible risks to aquatic ecosystems.

A recent literature review of several studies concluded, “…conventional sunscreens are a source of destruction for coral reefs and removing the toxic components will be crucial to the survival of our coral reefs as a whole.”

A paper published in Environmental Sciences Europe reviewed the “toxic” effects of UV filters from sunscreens on coral reefs, and opened up a discussion for more regulation.

Plaintiffs claim studies and ongoing research show some sunscreen chemicals harm coral reefs. Some active ingredients in sunscreens that are thought to harm marine life include the following:

• Oxybenzone
• Avobenzone
• Octinoxate
• Octocrylene
• 4-methylbenzylidene camphor
• PABA
• Parabens
• Triclosan
• Nanoparticles (zinc or titanium)

What is Hawaii-Compliant Sunscreen?

Officially signed into law in 2021, Hawaii Act 104 banned the sale and distribution of sunscreens with Oxybenzone and Octinoxate in Hawaii.

Some sunscreens on the market are advertised as “reef friendly,” simply because they do not contain Oxybenzone or Octinoxate, the two sunscreen ingredients now banned in Hawaii and the U.S. Virgin Islands.

Courts have found that some defendants’ “Hawaii Compliant” labeling asterisks and back-label disclaimers are insufficient at addressing the deceptive front-labels. Judges have noted that terms like safe,” “sustainable,” and “friendly” are too vague and can be misleading.

While some companies have switched to safer mineral-based formulas, environmental groups have pointed out that some companies have simply replaced those two banned chemicals with other chemicals thought to be potentially harmful to marine life.

How Does Sunscreen Damage Marine Life?

Unfortunately, coral reefs have been threatened for decades, and have faced steep decline. Important marine ecosystems have disappeared, and others have been badly damaged by human interference. One cited contributing factor is the chemicals found in some sunscreens.

Research indicates that the active ingredients in many so-called “reef-safe” sunscreen products can potentially impact marine life in the following ways:

• Can impair the growth and photosynthesis of green algae.
• Accumulates in coral tissues. Can induce bleaching, damage, alter DNA or kill coral.
• Can induce defects in young mussels.
• Can damage the immune and reproductive systems of sea urchins.
• Can decrease fertility and reproduction systems in certain fish species.

Older research showed the dangers of chemicals like oxybenzone and octinoxate, while newer studies have shown that octocrylene may generate benzophenone, a carcinogenic chemical that is harmful to fish, corals, and other invertebrates.

The Lyon Firm has twenty years of experience, and handles a wide range of class action consumer protection, product liability, property contamination and toxic exposure cases on behalf of plaintiffs in all fifty states. Call now for a free and confidential consultation.