Blistex, S.C. Johnson Benzene Class Action Lawsuits Overview:
- Who: Michael Santos and Raymond Winans Jr. filed class action lawsuits against Blistex and S.C. Johnson & Son/Sun Bum, respectively.
- Why: Santos and Winans Jr. claim the companies sold products contaminated with the chemical benzene, a known human carcinogen.
- Where: The class action lawsuits were filed in New York federal courts.
A pair of class action lawsuits have been filed over benzene contamination in aerosol products manufactured and sold by Blistex and S.C. Johnson.
Plaintiff Michael Santos claims Blistex sold Odor-Eaters Spray Powder and Odor-Eaters Stink Stopper Spray containing benzene, a known human carcinogen.
Santos, who wants to represent a nationwide class and New York subclass of consumers, claims the presence of benzene in the products renders them “unsafe and worthless and unsuitable for their principal and intended purpose.”
“The presence of benzene in the Products renders them adulterated and misbranded. As a result, the Products are illegal to sell under federal law and therefore are worthless,” the class action lawsuit states.
Exposure to benzene has been linked to a variety of blood cancers and disorders, including leukemia, according to the lawsuit.
Santos claims Blistex fails to warn consumers about the presence of benzene anywhere on the products’ labeling, and that, if it had done “adequate testing” on the product, it would have found it contained benzene levels that were “far above the legal limit.”
“Defendant introduced contaminated, adulterated, and/or misbranded antifungal medications containing dangerous amounts of benzene into the U.S. market,” the class action lawsuit states.
Santos claims Blistex is guilty of unjust enrichment and breach of express warranty and in violation of New York General Business Law. He is requesting declaratory relief and compensatory and punitive damages for himself and all class members.
Sun Bum Brand Sunscreens Contaminated With Benzene
Plaintiff Raymond Winans Jr., meanwhile, claims S.C. Johnson sells certain Sun Bum brand sunscreen and after-sun care products contaminated with benzene.
Winans claims S.C. Johnson runs a deceptive advertising and marketing campaign that fails to mention the Sun Bum products contain benzene, which he and other consumers relied on when purchasing them.
“Consequently, Plaintiff and class members lost the entire benefit of their bargain when what they received was a sunscreen product contaminated with a known carcinogen,” the class action lawsuit states.
Winans argues further that, since the products contain benzene, they have “no value,” are “in no way safe for humans” and are “entirely worthless.”
Winans claims S.C. Johnson is guilty of unjust enrichment and breach of express warranty, among other things, and in violation of New York General Business Law. He is demanding a jury trial and requesting injunctive relief as well as monetary, statutory and punitive damages for himself and all class members.
The presence of benzene came to light following a study in May of last year conducted by Valisure, an independent analytical pharmacy, which found a number of aerosol and other products contained levels of benzene, according to the class action lawsuit.
Valisure would later file a citizens petition in November, asking the FDA to recall the products it found to be contaminated with benzene.
A number of class action lawsuits have been filed against companies in the wake of the Valisure studies, including Procter & Gamble, Walmart and Colgate, among others.
Click the link to see if you qualify to join a class action lawsuit investigation into benzene in sunscreen (links to paid attorney advertisement).
Santos is represented by Andrew J. Obergfell of Bursor & Fisher, P.A. Winans is represented by Jason P. Sultzer, Joseph Lipari and Daniel Markowitz of The Sultzer Law Group P.C.
The Blistex, S.C. Johnson & Johnson Benzene Class Action Lawsuits are Santos v. Blistex Inc., Case No. 1:22-cv-00806, in the U.S. District Court for the Southern District of New York; and Winans Jr. v. S.C. Johnson & Son, Inc., et al., Case No. 2:22-cv-00451, in the U.S. District Court for the Eastern District of New York
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27 thoughts onPair Of Benzene Contamination Class Action Lawsuits Target Blistex, S.C. Johnson
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