Johnson & Johnson, Consumers Call for MDL Consolidation of Carcinogenic Sunblock Class Action Lawsuits

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Johnson and Johnson Sunscreen Lawsuits Overview:

• Who: Johnson and Johnson is asking for a dozen class action lawsuits filed against it over a carcinogen allegedly present in sunscreen products to be consolidated into a multidistrict litigation.
• Why: The company argues the lawsuits all have common questions and centralization would serve “the convenience of the parties and witnesses” and “promote the just and efficient conduct of the actions.”
• Where: While 12 class action lawsuits have been filed against Johnson and Johnson in five separate federal courts, the company was asking for the potential multidistrict litigation to be heard by either a federal judge in New Jersey or one in Florida.

Johnson and Johnson has sided with consumers in calling on the courts to consolidate a raft of class action lawsuits the company is facing over its Neutrogena and Aveeno sunscreens into a multidistrict litigation.

The class action lawsuits all allege that the company sold sunscreens that included the known carcinogen benzene.

The claims stem from a May 2021 citizen’s petition with the United States Food and Drug Administration, filed by analytical pharmacy Valisure LLC, that requested all of the J&J sunscreens that had tested positive for benzene be recalled from the market.

Valisure had performed tests on almost 300 batches of sunscreen products from 69 different manufacturers, and a significant number of the products contained detectable levels of benzene – including more than five manufactured by J&J.

Since the citizens’ petition was filed, 12 class action lawsuits have been filed in five different federal district courts that seek to hold J&J liable for the presence of benzene in its products, J&J’s motion for consolidation states.

“While there are variations in the state laws that govern the various actions, certain questions of fact and law in each case will likely be the same,” it says.

“The actions indisputably ‘involve one or more common questions of fact,’ and their centralization would serve ‘the convenience of the parties and witnesses’ and ‘promote the just and efficient conduct of the actions,” the company said.

The company further says that it agrees with the Jimenez plaintiffs that Chief Judge Freda L. Wolfson of the District of New Jersey has “the experience and ability necessary to preside over the consolidated actions.” However, it adds that Wolfson is currently presiding over two multidistrict litigations, including the Johnson & Johnson baby powder MDL, so she may not have the bandwidth to take on a third MDL.

J&J says that if a New Jersey judge cannot take the case, then Judge Anuraag Singhal of the Southern District of Florida “would be a sensible choice.”

Conversely, the company says that the proposed Northern District of California and Southern District of New York would be undesirable given the backload of cases and lack of connection to the cases.

In July, J&J recalled five of its Neutrogena and Aveeno brand spray sunscreens that were found to contain benzene, and recently it announced it was refunding consumers for those sunscreens. The company says the recall and refunds render the class action lawsuits “without merit.”

“They are largely moot, as JJCI has already voluntarily offered the principal relief requested by removing the affected product lines from the market and offering complete refunds for them.”

It adds that any of the sunscreens that may have contained benzene “nevertheless functioned exactly as advertised by delivering the promised sun protection and presented no cognizable risk to health or safety.”

Any allegation that J&J had long standing knowledge of the issue and failed to take timely action is groundless, the motion states.

The company said in the motion that the refund process was ongoing and, to date, has resulted in refund requests from more than 220,000 consumers.

“Despite the swift actions taken by  J&J to voluntarily recall the affected product lines and issue refunds to purchasers, a spate of putative class actions has been filed against JJCI,” the company says in the motion, adding that it is still expecting more class action lawsuits to be filed.

Do you think that J&J has done enough by recalling the affected sunscreens and refunding consumers? Let us know in the comments section!

Read About More Class Action Lawsuits & Class Action Settlements:

• Manufacturers Look for Alternatives to Talc in Makeup Products As Cancer Suits Mount
• Jury Awards $26.5M to Cancer Patient Suing Johnson & Johnson Over Baby Powder
• Listerine Naturals Mouthwash Made with ‘Non-Natural, Synthetic Process,’ Says Class Action Lawsuit
• How to Get a Refund for Neutrogena and Aveeno Sunscreens