Banana Boat UltraMist Sunscreen Class Action Settlement

The manufacturer of Banana Boat sunscreen has reached a class action settlement over allegations it failed to warn consumers that its UltraMist sunscreen is flammable, and could ignite on the skin if contact is made with a source of ignition before the product is completely dry. The Banana Boat UltraMist products were voluntarily recalled from the market in October 2012 due to this fire risk.

U.S. residents who purchased Banana Boat UltraMist between January 2010 and October 2012 can claim cash, vouchers and/or coupons from the class action settlement.

Who’s Eligible

Class Members of the Banana Boat sunscreen settlement include anyone who purchased one of the following UltraMist products between January 2010 and October 2012:

 

Product

UPC

Banana Boat UltraMist Sport SPF 15 Continuous Spray 6oz 7965600979-8
Banana Boat UltraMist Sport SPF 30 Continuous Spray 6oz 7965600878-4
Banana Boat UltraMist Sport SPF 30 Bonus Continuous Spray 8oz 7965600955-2
Banana Boat UltraMist Ultra Defense SPF 30 Continuous Spray 6oz 7965604626-7
Banana Boat UltraMist Ultra Defense SPF 30 Bonus Continuous Spray 8oz 7965600956-9
Banana Boat UltraMist Sport SPF 30 Family Size Continuous Spray 9.5oz 7965605167-4
Banana Boat UltraMist Sport SPF 50 Continuous Spray 6oz 7965600933-0
Banana Boat UltraMist Ultra Defense SPF 50 Continuous Spray 6oz 7965604492-8
Banana Boat UltraMist Ultra Defense SPF 50 Bonus Continuous Spray 8oz 7965604549-9
Banana Boat UltraMist Kids SPF 50 Clear Continuous Spray 6oz 7965604495-9
Banana Boat UltraMist Sport SPF 50 Bonus Continuous Spray 8oz 7965604551-2
Banana Boat UltraMist Sport SPF 50+ Continuous Spray 9.5oz. 7965605110-0
Banana Boat UltraMist Ultra Defense SPF 85 Continuous Spray 6oz 7965604654-0
Banana Boat UltraMist Sport SPF 85 Continuous Spray 6oz 7965604665-6
Banana Boat UltraMist Kids SPF 85 Continuous Spray 6oz 7965604916-9
Banana Boat UltraMist Ultra Defense SPF 85 Bonus Continuous Spray 8oz 7965604677-9
Banana Boat UltraMist Sport SPF 85 Bonus Continuous Spray 8oz 7965604679-3
Banana Boat UltraMist Sport SFP30 Continuous Spray 2pk 6oz 7965605374-6
Banana Boat UltraMist Sport SPF 50 Continuous Spray 2pk 6oz 7965605028-8
Banana Boat UltraMist Sport SPF 30 Continuous Spray 2pk 6oz w/Sport Lotion & Lip 7965605389-0
Banana Boat UltraMist Sport SPF 30 Continuous Spray 8oz w/Sport Lip Balm 7965607951-7
Banana Boat UltraMist Sport SPF 30 Continuous Spray 6oz w/$1 Instant Redeemable Coupon 7965607975-3
Banana Boat UltraMist Sport SPF 50 Continuous Spray 3ct 6oz 7965605464-4

 

 

Potential Award

Vouchers, Cash and/or coupons. The Banana Boat sunscreen class action settlement provides vouchers for replacement products, cash and/or coupons to Class Members who submit a valid and timely Claim Form.

The specific relief available depends upon the number of products purchased, whether the products were fully used and your ability to prove you purchased the products:

Category A Claim: If you purchased one or more of the Banana Boat UltraMist products and verify that you discarded, did not use or will not use those products due to the Market Withdrawal but do not have Valid Proof of Purchase, you will be entitled to receive up to two (2) vouchers for replacement bottles of Banana Boat sunscreen products.

Category B Claim: If you purchased three (3) or more bottles of the Banana Boat UltraMist products, you are entitled to receive the benefits of a Category A Claim and an additional voucher for each additional UltraMist product purchased, provided that you can substantiate your purchases with Valid Proof of Purchase and verify that you discarded, did not use or will not use those products due to the Market Withdrawal.

Category C Claim: If you can substantiate your purchases of Banana Boat UltraMist products with receipts or other documentation showing both the number of products purchased and the price paid, you may elect to receive a cash refund for your purchases not to exceed $20.00 instead of the vouchers provided you verify that you discarded, did not use or will not use those products due to the Market Withdrawal.

Category D Claim: If you do not have Valid Proof of Purchase and/or cannot verify that you discarded, did not use or will not use those products due to the Market Withdrawal or you used the Banana Boat UltraMist products in their entirety, you are eligible for two (2) coupons for discounted Banana Boat sun-care products.

Proof of Purchase

Proof of Purchase is not required if you’re claiming 2 coupons under Settlement Category D, but is required to receive benefits under the other Settlement Categories, including replacement vouchers and a cash refund.

Claim Form Deadline

6/30/2014

Case Name

In re UltraMist Sunscreen Litigation, Case No. 13-cv-131 (N.D. Ill.)

Case Summary

The Banana Boat UltraMist class action lawsuit was filed after Energizer Personal Care, LLC conducted a voluntary recall of certain UltraMist products due to a potential risk of the product igniting on the skin if contact is made with a source of ignition, in contravention of the warnings on the product, before the product is completely dry. The Plaintiffs in this case allege that EPC failed to adequately compensate consumers for the lost value of those products. This case applies only to those persons who purchased the specific Banana Boat sunscreen proudcts that were subject to the Market Withdrawal (see above).

Final Hearing

5/16/2014

Settlement Website
Claims Administrator

KCC, LLC

Sunscreen Settlement Administrator
P.O. Box 43240
Providence, RI 02940-3240

1-800-219-8798

Class Counsel

Joseph J. Siprut
SIPRUT PC

Defense Counsel

Mark S. Mester
LATHAM & WATKINS, LLP

Jon A. Santangelo
STINSON MORRISON HECKER LLP

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6 Comments

  • Delvia Evans January 17, 2014

    Where’s claim form???

  • Davidka January 21, 2014

    A perfect example of an abusive settlement. No normal person saves packages and proofs of purchase from years ago. Therefore almost no member of this large class will get a cash recovery. I’ll be the plaintiffs’ lawyers won’t apply to be paid in vouchers, though.

  • Pamela January 22, 2014

    I will not file either I did not think at all I would need proof of purchase, I have lupus and use the spf 50 all the time and will never use again. So unfair.

  • Vanessa March 5, 2014

    What about the pain it caused? My daughter and myself his this product during labor day weekend and we were only out in the sun for a few hours. She had a really bad 1st degree sunburn and I think I was between 2nd and 1st because I had blisters form on my body. I stay home two days afterward from work because of the pain.

    • Carlos May 1, 2014

      Vanessa, that is really not what this claim is about. If you had physical injuries such as second degree burns, you should be contacting a lawyer – not taking place in this class action. This class action is specifically for the fire/ignition hazard of the spray.

  • Laura May 8, 2014

    The class action plaintiffs’ lawyers are certainly not getting paid in vouchers – another group of snake lawyers that likely couldn’t win a real case.

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