This case was last updated from U.S. District Courts on 02/18/2023 at 17:39:29 (UTC).

Bangoura v. Beiersdorf, Inc. et al

Case Summary

On January 18, 2022, Almany Ismael Bangoura (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Charles E. Schaffer and David Magagna of Levin Sedran & Berman; Daniel H. Markowitz, Jason P. Sultzer, Mindy Dolgoff, and Ethan Rubin of the Sultzer Law Group P.C., filed a class action lawsuit against Beiersdorf, Inc. and Bayer Healthcare, LLC (collectively, “Defendants”), seeking injunctive relief and damages for alleged deceptive and misleading business practices. This case was filed in the U.S. District Court for the Eastern District of New York, with Judge Brian M. Cogan presiding.

In the complaint, Plaintiff alleged, “This action seeks to remedy the deceptive and misleading business practices of Beiersdorf, Inc. and Bayer Healthcare, LLC, with respect to the marketing and sale of Defendants’ Coppertone Defend and Care Whipped Ultra Hydrate SPF 50 sunscreen product (the ‘Product’) throughout the state of New York and throughout the country.”

Plaintiff alleged that “Defendants do specifically list both the active and inactive ingredients of this Product but fail to disclose that the Product contains ‘benzene.’ Benzene is a widely recognized and incredibly dangerous substance, especially in the context of applying it to the skin. Benzene has been recognized, acknowledged, and accepted as a well-known health hazard and human carcinogen for approximately a century.”

The plaintiff further alleged, “Consumers like the Plaintiff trust manufacturers such as Defendants to sell a Product that is safe and free from harmful known toxins, including benzene. Plaintiff and those similarly situated (‘Class Members’) certainly expect that the sunscreen they purchase will comply with its labeling and not contain any knowingly harmful substances like benzene. Defendants’ specifically manufacture, sell, and distribute the Product in this manner using a marketing and advertising campaign centered around claims that appeal to health-conscious consumers.”

Plaintiff also alleged, “Defendants’ marketing and advertising campaign includes the one place that every consumer looks when purchasing a product—the packaging and labeling itself. Consumers expect the ingredient listing on the packaging and labeling to accurately disclose the ingredients within the Product. Defendants’ advertising and marketing campaign is false, deceptive, and misleading because the Product contains benzene, which Defendants do not list or mention anywhere on the Product’s packaging or labeling.”

The plaintiff then alleged that “Plaintiff and Class Members relied on Defendants’ misrepresentations and omissions of what is in the Product when they purchased them. Plaintiff and Class Members lost the entire benefit of their bargain when what they received was a sunscreen product contaminated with a known carcinogen.”

Plaintiff presented seven claims for relief, including for the alleged violation of New York General Business Law, breach of express and implied warranty, medical monitoring, and unjust enrichment. 

In the prayer for relief, the plaintiff requested a judgment granting injunctive relief. Plaintiff also requested an award for monetary, statutory, punitive, and treble damages along with costs of litigation.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00291

  • Filing Date:

    01/18/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Brian M. Cogan

 

Party Details

Plaintiff

Almany Ismael Bangoura

Defendants

Beiersdorf, Inc.

Bayer Healthcare, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Charles E. Schaffer

Daniel Harris Markowitz

David Magagna

Ethan Rubin

Mindy Dolgoff

Jason P. Sultzer

Defendant Attorneys

Eamon Paul Joyce

Caitlin A. Maly

Elizabeth M. Chiarello

Julie Becker

Theodore R. Scarborough

 

Court Documents

37 #7

Declaration Declaration of Steven Weisbrot

37 #6

Declaration Declaration of Charles Schaffer

37 #5

Exhibit Exhibit C - Proposed Final Judgment

37 #4

Exhibit Exhibit B - Proposed Order

37 #3

Exhibit Exhibit A - Firm Resume

37 #2

Declaration Declaration of Jason Sultzer

37 #1

Memorandum in Support

#37

(#37) MOTION to Certify Class by Almany Ismael Bangoura. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Jason Sultzer, #3 Exhibit Exhibit A - Firm Resume, #4 Exhibit Exhibit B - Proposed Order, #5 Exhibit Exhibit C - Proposed Final Judgment, #6 Declaration Declaration of Charles Schaffer, #7 Declaration Declaration of Steven Weisbrot) (Sultzer, Jason) (Entered: 12/30/2022)

#40

(#40) ORDER granting #37 Final Approval of Class Action Settlement. ( Ordered by Judge Brian M. Cogan on 1/6/2023 ) (RG) (Entered: 01/10/2023)

#7

(#7) NOTICE of Appearance by Mindy Dolgoff on behalf of Almany Ismael Bangoura (aty to be noticed) (Dolgoff, Mindy) (Entered: 01/19/2022)

#6

(#6) NOTICE of Appearance by Daniel Harris Markowitz on behalf of Almany Ismael Bangoura (aty to be noticed) (Markowitz, Daniel) (Entered: 01/19/2022)

#5

(#5) SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/2/2022 at 10:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0291#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 1/18/2022. (Weisberg, Peggy) (Entered: 01/18/2022)

#4

(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 01/18/2022)

#3

(#3) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 01/18/2022)

#2

(#2) Summons Issued as to Bayer Healthcare, LLC, Beiersdorf, Inc.. (Bowens, Priscilla) (Entered: 01/18/2022)

1 #2

Civil Cover Sheet

1 #1

Proposed Summons

1 #1

Main Document

63 More Documents Available
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Docket Entries

  • 01/10/2023

  • DocketCivil Case Terminated. (RG) (Entered: 01/10/2023)

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  • 01/10/2023
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  • Docket(#40) ORDER granting #37 Final Approval of Class Action Settlement. ( Ordered by Judge Brian M. Cogan on 1/6/2023 ) (RG) (Entered: 01/10/2023)

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  • 01/10/2023
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  • Docket(#39) ORDER granting plaintiff's #38 Motion for Attorney Fees, Cost, and Service Awards. ( Ordered by Judge Brian M. Cogan on 1/6/2023 ) (RG) (Entered: 01/10/2023)

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  • 01/06/2023

  • DocketMinute Entry and Order for Fairness Hearing held before Judge Brian M. Cogan on 01/05/2023. Counsel for the Settlement Class and defendants appeared. No objectors or class members appeared. The Court will grant plaintiff's motions for final approval of the class action settlement and for attorney fees and expenses by separate order. See transcript for details. (Court Reporter Stacy Mace) (PW) (Entered: 01/06/2023)

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  • 01/03/2023

  • DocketNOTICE of Hearing: The in person Final Approval Hearing set in Courtroom 8D on January 5, 2023 at 4:45 pm has been converted to a video hearing. A ZoomGov link will be emailed to counsel of record. The public can listen to the proceedings by dialing 888-684-8852 and entering access code 6427877#. (PW) (Entered: 01/03/2023)

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  • 12/30/2022
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  • Docket(#38) MOTION for Attorney Fees by Almany Ismael Bangoura. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Jason Sultzer, #3 Exhibit Exhibit A - Firm Resume, #4 Exhibit Exhibit B - Proposed Order, #5 Exhibit Exhibit C - Proposed Final Judgment, #6 Declaration Declaration of Charles Schaffer, #7 Declaration Declaration of Steven Weisbrot, #8 Proposed Order) (Sultzer, Jason) (Entered: 12/30/2022)

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  • 12/30/2022
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  • Docket(#37) MOTION to Certify Class by Almany Ismael Bangoura. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Jason Sultzer, #3 Exhibit Exhibit A - Firm Resume, #4 Exhibit Exhibit B - Proposed Order, #5 Exhibit Exhibit C - Proposed Final Judgment, #6 Declaration Declaration of Charles Schaffer, #7 Declaration Declaration of Steven Weisbrot) (Sultzer, Jason) (Entered: 12/30/2022)

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  • 08/02/2022
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  • Docket(#36) ORDER re: Preliminary Approval of Class Action Settlement #33 Motion. ( Ordered by Judge Brian M. Cogan on 8/2/2022 ) (Guzzi, Roseann) (Entered: 08/02/2022)

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  • 08/01/2022
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  • Docket(#35) AFFIDAVIT/DECLARATION in Support re #33 MOTION to Certify Class filed by Almany Ismael Bangoura. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sultzer, Jason) (Entered: 08/01/2022)

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  • 08/01/2022
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  • Docket(#34) MEMORANDUM in Support re #33 MOTION to Certify Class filed by Almany Ismael Bangoura. (Sultzer, Jason) (Entered: 08/01/2022)

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33 More Docket Entries
  • 01/21/2022
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  • Docket(#9) MOTION to Appear Pro Hac Vice David C. Magagna, Jr. Filing fee $ 150, receipt number ANYEDC-15215277. by Almany Ismael Bangoura. (Attachments: #1 Affidavit, #2 Exhibit Cert of Good Standing-PA, #3 Exhibit Cert of Good Standing NJ--, #4 Certificate of Service) (Magagna, David) (Entered: 01/21/2022)

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  • 01/21/2022
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  • Docket(#8) MOTION to Appear Pro Hac Vice of Charles E. Schaffer Filing fee $ 150, receipt number ANYEDC-15215235. by Almany Ismael Bangoura. (Attachments: #1 Affidavit, #2 Exhibit Cert of Good Standing, #3 Certificate of Service) (Schaffer, Charles) (Entered: 01/21/2022)

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  • 01/19/2022
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  • Docket(#7) NOTICE of Appearance by Mindy Dolgoff on behalf of Almany Ismael Bangoura (aty to be noticed) (Dolgoff, Mindy) (Entered: 01/19/2022)

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  • 01/19/2022
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  • Docket(#6) NOTICE of Appearance by Daniel Harris Markowitz on behalf of Almany Ismael Bangoura (aty to be noticed) (Markowitz, Daniel) (Entered: 01/19/2022)

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  • 01/18/2022
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  • Docket(#5) SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/2/2022 at 10:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0291#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 1/18/2022. (Weisberg, Peggy) (Entered: 01/18/2022)

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  • 01/18/2022
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  • Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 01/18/2022)

    [+] Read More [-] Read Less
  • 01/18/2022
  • View Court Documents

  • Docket(#3) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 01/18/2022)

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  • 01/18/2022
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  • Docket(#2) Summons Issued as to Bayer Healthcare, LLC, Beiersdorf, Inc.. (Bowens, Priscilla) (Entered: 01/18/2022)

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  • 01/18/2022

  • DocketCase Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 01/18/2022)

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  • 01/18/2022
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  • Docket(#1) COMPLAINT against Bayer Healthcare, LLC, Beiersdorf, Inc. filing fee $ 402, receipt number ANYEDC-15203637 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Almany Ismael Bangoura. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Sultzer, Jason) (Entered: 01/18/2022)

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