As SPF defendants’ dismissal motions continue to be shot down in federal courts, it increasingly seems that their SPF claims and the radically different test results alleged by plaintiffs will have to be subjected to rigorous analysis and expert opinion, undertakings that could shine light on inherent problems with FDA’s testing protocol rather than overt moves by companies to inflate the protective capacity of their products.
Developments in federal courts in recent months, overwhelmingly in favor of plaintiffs, show that litigation contesting sunscreen brands’ claimed SPFs isn't easily squashed.
Increasingly, the consensus seems to be that consumers armed with conflicting SPF test results have a right to bring false-advertising suits against sunscreen brands, and such actions are neither preempted...