Johnson & Johnson Sells Sunscreen With Known Carcinogen, Refuses to Recall Products, Class Action Alleges

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Johnson & Johnson Sunscreen Carcinogen Lawsuit Overview:

• Who: Eight plaintiffs have filed a class action lawsuit against Johnson & Johnson over chemicals the company’s sunscreen products.
• Why: The plaintiffs allege Johnson & Johnson’s Neutrogena and Aveeno branded sunscreens contain benzene, a known carcinogen.
• Where: The lawsuit is playing out in federal court in New Jersey.

Johnson & Johnson has been hit with another class action lawsuit over its alleged use of benzene in its Neutrogena and Aveeno branded sunscreens.

The nationwide class action lawsuit was filed in New Jersey on July 29 by lead Plaintiffs Robert Alexander Bodine, Halle Ellingson, Kurt Hall, Bennett Johnson, Kyle Melquist, Samantha Stolzenbach, Sharon Trainor, and Stacey Vaidis, who allege that the Johnson & Johnson’s (J&J) false advertising and lack of remedial action have caused them immense damage.

The group say that they purchased J&J’s sunscreens to decrease their risk of skin cancer, without knowing it contained a known carcinogen.

“The presence of benzene is a particularly severe betrayal of J&J’s customers, who purchased the products to decrease their risk of skin cancer, but who ended up unknowingly lathering carcinogens all over their skin,” the claim reads.

“Making matters worse, J&J has long emphasized the safety and health benefits of its products, stressing that they are ‘#1 Dermatologist Recommended.’”

Each of the group members allege that the company deceptively sells the products to consumers and, in doing so, breached its express and implied warranties, and misrepresented, omitted, concealed, and failed to timely disclose the risks associated with the use of the products.

According to the claim, the Food & Drug Administration says that benzene “should not be employed in the manufacture of drug substances, excipients, and drug products because of their unacceptable toxicity or . . . deleterious environmental effect.”

“Where benzene use is ‘unavoidable in order to produce a drug product with a significant therapeutic advance,’ its concentration should be limited to no more than 2 parts per million.”

However, the lawsuit states, an independent investigation done by pharmacy Valisure found dangerously high levels of benzene in numerous J&J products.

“Notably, Valisure identified benzene levels over 2 ppm in 10 Neutrogena sunscreen batches from five separate product lines, with levels even exceeding 6 ppm in some instances. Additionally, Valisure identified benzene levels between .1 and 2 ppm in thirteen Neutrogena sunscreen batches from ten different product lines,” the claim reads.

Alarmed by the results, Valisure filed a citizen petition with the FDA to recall the products on May 24, 2021.

According to the class action lawsuit, despite knowing that its products contained benzene, J&J waited months before recalling five of its products and the remaining J&J products found to contain dangerously high levels of benzene remain on the market.

“Had J&J’s customers known that the sunscreens they were using to decrease the risk of skin cancer had actually contained carcinogens, they certainly would not have purchased them,” the claim states.

The group wants to represent a nationwide class and various state classes for people who purchased J&J sunscreens. They are suing for violation of state consumer fraud, consumer protection, and trade laws, and breach of warranty and unjust enrichment. They seek a certification of the Class, an order of injunction, damages, restitution, legal costs and fees, and a jury trial.

What do you think about companies using benzene as a preservative in sunscreens? Let us know in the comments section!

The consumers are represented by James E. Cecchi and Kevin G. Cooper of Carella, Byrne, Cecchi, Olstein, Brody & Agnello P.C.; Kellie Lerner, William V. Reiss, David B. Rochelson, and Adam C. Mendel of Robins Kaplan LLP; M. Stephen Dampier of The Dampier Law Firm P.C.; and Lee McArthur Scott Mcarthur Law, LLC.

The J&J Benzene in Sunscreen Class Action Lawsuit is Robert Alexander Bodine, et al., v. Johnson & Johnson Consumer Inc., Case No. 3:21-cv-14343 in the U.S. District Court of New Jersey.

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