Eckler

This case concerns congressional intent with respect to label information on sunscreen products: is it to be determined solely by the federal agency Congress charged with ensuring uniform labeling for those products, or, in addition, by each state through private civil suits? Appellants Kay Eckler and Steve Engel filed separate actions against respondent Neutrogena Corporation alleging that its sunscreen products were misleadingly labeled and marketed in violation of California consumer protection statutes. Appellants alleged that Neutrogena misleadingly labeled its products with the descriptions “sunblock,” “waterproof,” and “sweatproof” (Labeling Terms), terms that the federal Food and Drug Administration (FDA) prohibited in a regulation published on June 17, 2011, with a compliance date of December 17, 2012. Engel contends that Neutrogena is liable for marketing products that bore the Labeling Terms before the December 17, 2012 compliance date. The Eckler matter raises an additional product labeling issue with respect to sunscreen with a sun protection factor (SPF) value greater than 50 (SPF 50+). Although Eckler does not contend that the SPF values on Neutrogena’s…