Migliaccio & Rathod LLP is investigating whether COSRX marketed sunscreen products in the United States that relied on ultraviolet (“UV”) filters not approved by the U.S. Food and Drug Administration (“FDA”) while advertising broad-spectrum SPF protection.
Consumers purchase sunscreen products expecting they provide the level of protection advertised on the label and comply with U.S. regulatory requirements. Some COSRX sunscreen formulations reportedly contain next-generation UV filters that are widely used in South Korea and other countries but have not been approved for use in FDA-regulated over-the-counter sunscreen drugs in the United States. Consumers may not realize there are significant regulatory differences between sunscreen formulations sold internationally and those approved for sale in the United States.
What Consumers Report
Consumers report:
- Purchasing COSRX sunscreen because of its lightweight feel and high SPF claims.
- Believing they were purchasing an FDA-compliant sunscreen.
- Paying premium prices for SPF 50+ broad-spectrum protection.
- Learning later that certain UV filters are not approved for use in U.S. OTC sunscreens.
- Becoming concerned about the products’ regulatory status.
- Feeling misled by sunscreen marketing and labeling.
Why Consumers Should Be Concerned
Consumers rely on sunscreen labeling to make important decisions about protecting themselves from harmful ultraviolet radiation. Products marketed as broad-spectrum sunscreens should accurately represent their regulatory status and the basis for their advertised protection.
This investigation seeks to determine whether COSRX accurately represented its sunscreen products to U.S. consumers and whether purchasers paid a premium based upon allegedly misleading marketing.
Potential Claims May Include
- False Advertising
- Consumer Protection
- Breach of Express Warranty
- Deceptive Trade Practices
- Unjust Enrichment
Signs You May Be Affected
You may be affected if:
- You purchased COSRX sunscreen products in the United States.
- The products were marketed as SPF 50+ or broad-spectrum.
- You purchased them through Amazon or another U.S. retailer.
- You paid a premium because of the advertised sunscreen protection.
- You still possess purchase records or product packaging.
- You would not have purchased—or would have paid less for—the products had you known of the alleged regulatory issues.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.