Buffalo Next: Wegmans sued over sunscreen (2024)

BY SAMANTHA CHRISTMANN

May 21, 2024

Wegmans is facing a class-action lawsuit that alleges the "reef conscious" label on its sunscreen is "false and misleading" because it contains ingredients that are harmful to coral reefs.

"Unfortunately, coral reefs have been placed in peril by a variety of man-made threats and have declined by roughly half since 1950," the complaint reads. "Within the past several years, researchers determined that chemicals in sunscreen are a significant factor in their decline."

And though it advertises itself as safe for reefs, the suit says, the sunscreen actually contains several ingredients that are harmful to them.

Wegmans said it is looking into the lawsuit and does not comment on pending litigation.

Fine print on the Wegmans Brand Sport Broad Spectrum sunscreen lotion bottle related to the "reef conscious" claim says the sunscreen is compliant with Hawaii state law meant to protect coral reefs.

But the lawsuit says Hawaii law does not go far enough to protect reefs. The product contains several active and inactive ingredients that have been found to harm coral reefs, the complaint says, including avobenzone, hom*osalate, octisalate and octocrylene.

It cites a reef-safe sunscreen buying guide from snorkeling website Snorkel Around The World that called the ingredients "dangerous," and said they are not consistent with being reef conscious.

The lawsuit was filed earlier this month by Irondequoit resident Joelle Thomas in State Supreme Court in Monroe County. The law firm that filed the suit, Sheehan & Associates in Great Neck, is looking to represent anyone who bought the sunscreen in New York "expecting it to be 'Reef Conscious,' and that it would not cause harm to reefs and/or the environment," the suit says.

"Defendant’s false and deceptive representations and omissions . . . that it would not cause harm to fragile and critical reef ecosystems and/or not cause environmental harm, are material in that they are likely to influence consumer purchasing decisions," the suit says. "This is because consumers prefer to buy products made of ingredients which do not cause detrimental effects on ecosystems like reefs and/or the environment, instead of having those ingredients replaced with others that cause such detrimental effects."

Labeling itself "reef conscious" allowed Wegmans to price the sunscreen at a premium – $4.99 for a 5.5-ounce bottle – the suit says, "higher than similar products, represented in a nonmisleading way, and higher than it would be sold for absent the misleading representations and omissions.

The suit wants the plaintiffs compensated for the overpayment and is also seeking payment of legal fees.

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Fashion Outlets adds shop

NY Lexor, a designer sunglasses retailer, has opened at the Fashion Outlets of Niagara Falls, USA. The shop is located between Express Jewelers and Timex, across from Pandora.

The in-line sunglasses store carries such designers as Fendi, Versace and Chanel.

Mexican restaurant headed for Walden Galleria

Señor Leon Mexican Restaurant has begun construction on a 5,500-square-foot space at the Walden Galleria.

It will be similar to the company's Batavia location, which specializes in Southern Mexican food, such as chicken mole poblano, enchiladas, cochinita pibil, chile rellenos and ceviche. The restaurant will open in the former World of Beer at the mall in August.

Señor Leon Mexican Restaurant also plans to open a location in the former Original Honey's at 6560 Niagara Falls Blvd. in Niagara Falls in June.

Babies "R" Us coming to Kohl's

Kohl's will open Babies "R" Us store-within-a-store sections at about 200 locations starting this August, selling baby gear, furniture and other baby products.

The Wisconsin-based retail chain partnered with WHP Global, which owns the Babies "R" Us brand, to open the shops, which will range from 750 to 2,500 square feet.

In Western New York, stores in North Amherst and Orchard Park will receive Babies "R" Us sections this year, though Kohl's said it is not sure exactly when the store-within-a-store concepts will be completed locally.

Customers will earn Kohl's rewards on Babies "R" Us purchases and will be able to use Kohl's Cash toward them, as well.

WHP Global is following the same game plan it successfully employed with Toys "R" Us, when it opened 452 Toys "R" Us branded store-within-a-store concepts inside Macy's stores in 2022. WHP Global acquired a majority stake in the Toys "R" Us and Babies "R" Us brands after the brands declared bankruptcy and underwent liquidation in 2018. Toys "R" Us and Babies "R" Us closed all of their United States stores the same year. The company had been heavily in debt and, as it strove to cut costs, store locations suffered.

WHP is a brand acquisition and management firm based in New York.

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The Buffalo Next team gives you the big picture on the region’s economic revitalization. Email tips tobuffalonext@buffnews.comor reach Buffalo Next Editor David Robinson at 716-849-4435.