Moran v. Bondi Sands Inc.

Background

Michelle Moran brought a class action challenging the “Reef Friendly” statement on the front label of certain Bondi Sands sunscreen products, alleging that the statement was false and deceptive. The first amended complaint also asserted a damages claim under California’s Consumer Legal Remedies Act.

The parties jointly asked for permission to file a second amended complaint under Federal Rule of Civil Procedure 15(a)(2). The proposed changes were limited to two matters. First, paragraph 17 would be revised to clarify that Hawaii lawmakers had sought, but had not enacted, a 2021 amendment concerning sunscreens containing avobenzone and octocrylene. Second, the complaint would remove all references to Bondi Sands’ “Hydra” products, including references in paragraphs 4 and 24 and an exhibit.

The parties’ agreement

Bondi Sands had represented in its motion-to-dismiss briefing that its Hydra products were sold only in Australia and were not sold in the United States. Based on that representation, Moran agreed not to oppose dismissal of claims solely challenging the Hydra products. The parties also agreed that the existing briefing on Bondi Sands’ pending motion to dismiss the first amended complaint would remain intact and would automatically apply to the second amended complaint, without requiring a new motion.

Ruling

The court ordered, pursuant to the parties’ stipulation, that Moran could file the second amended complaint with the specified changes. The court stated that its order on the pending motion to dismiss would address the stipulation. This order did not decide the motion to dismiss or the merits of Moran’s claims.