Jennifer Sunday, a St. Petersburg, Fla., chemist, filed the lawsuit in Tampa, Fla. Federal court against Lohan and Lorit Simon, a Las Vegas businesswoman who air-brush tans celebrities.
Simon had partnered up with Lohan to produce Sevin Nyne, a sunless tanning spray, which they both claimed to have created over the last three years.ut Sunday's attorney, Marcia Cohen, insists that her client only recently perfected the formula used in the spray tan.
Sunday is suing Lohan, Simon, and Simon's company for breach of contract, theft of trade secrets, civil conspiracy, intentional interference with contractual relations, and deceptive and unfair trade practices. In January, Sunday's company, White Wave International Labs, signed a confidentiality agreement with Simon. Sunday claims that the two sides had been in negotiations, but did not reached an agreement on pricing.
"The next thing we know, Lorit Simon and Lindsay Lohan are partnering and Ms. Lohan is taking credit for developing this formula, which she indeed had no role in," the New York Daily News quoted Cohen as telling St. Petersburg Times on July 6. Cohen added that Sunday and Lohan never met face to face, and that the chemist was looking to be compensated for Sevin Nyne's profits.
"We are certainly looking for the profits that are being generated right now from that product," Cohen said. "If Ms. Lohan and Ms. Simon and their companies and their shareholders are profiting from the theft of my client's formula and are profiting from that product, my client is entitled to those proceeds," she added.
The tanning mist, which contains goji berries, caramel, Chardonnay extracts, and a sugar-coconut base, launched this summer at Sephora.