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Aveeno Sunscreen Class Action Lawsuit Overview:
- Who: A group of consumers say they unknowingly purchased sunscreen tainted with the chemical benzene.
- Why: An independent lab tested various Neutrogena and Aveeno sunscreen products and discovered the chemical, which has been linked to health problems; however, the manufacturer, Johnson & Johnson, failed to warn consumers for more than two months, allege the consumers.
- Where: A class action lawsuit seeking more than $5 million in damages has been filed in New Jersey federal court.
Nearly a dozen consumers say that recalled Neutrogena and Aveeno sunscreen products contain benzene, a substance linked to cancer and other illnesses, in a class action lawsuit lodged against Johnson & Johnson Consumer Inc Friday.
Lead plaintiffs, Tyler Baker, Annette Nokes, Robert Botterill, Sophia Porter, Anna Swartz, Mike Xavier, Brian Slafter, Heidi Humphreys, Frank Ortega, and Michael Taillard, want to represent a nationwide Class of consumers who bought the allegedly tainted Neutrogena or Aveeno sunscreen. They accuse Johnson & Johnson of waiting for two months to warn consumers about the benzene an independent lab discovered in their products, months that covered two major summer holidays — Memorial Day and July 4th.
“According to the American Academy of Dermatology…everyone needs to wear sunscreen,” points out the class action lawsuit. “Anyone can get skin cancer regardless of age, gender, or race, and ‘sunscreen use can help prevent skin cancer by protecting you from the sun’s harmful ultraviolet rays.’”
Each of the plaintiffs say that they purchased a Neutrogena or Aveeno sunscreen to avoid becoming one of the more than 4 million people each year who develop skin cancer in the US. They say that, unbeknownst to them, the sunscreens they purchased may contain benzene, a contaminant linked to cancer, as well as anemia, and other health problems.
The class action lawsuit points out that the presence of benzene in sunscreen is not unavoidable. Valisure, the lab that tested the products, reported that many sunscreens did not contain the contaminate, states the lawsuit.
Johnson & Johnson Delayed Neutrogena, Aveeno Sunscreen Recall for Profit
The testing, which occurred in May, was not immediately followed by a recall on Neutrogena and Aveeno sunscreen trained by benzene, allege the plaintiffs. Instead, Johnson & Johnson allegedly waited two months to issue a sweeping recall.
“This two-month delay spanned two major holiday weekends, Memorial Day weekend and July 4th weekend, events which Defendant reasonably expected would elevate consumer demand for and sales of sunscreen products,” contends the class action lawsuit.
The plaintiffs say they would not have purchased or paid as much for Neutrogena or Aveeno sunscreen had they known it contained “dangerously high” levels of benzene. They want to represent a nationwide Class of consumers who purchased any of the following products:
- Neutrogena Beach Defense aerosol sunscreen
- Neutrogena Cool Dry Sport aerosol sunscreen
- Neutrogena Invisible Daily defense aerosol sunscreen
- Neutrogena Ultra Sheer aerosol sunscreen
- Aveeno Protect + Refresh
The plaintiffs also want to represent a series of state subclasses in the Aveeno sunscreen class action lawsuit lodged against Johnson & Johnson. They accuse the corporation of breach of warranty and a litany of violations of state consumer protection laws.
Have you used Neutrogena or Aveeno sunscreen? Are you concerned about benzene? Tell us about your experience in the comment section below.
The plaintiff is represented by James E. Cecchi and Kevin G. Cooper Carella, Byrne, Cecchi, Olstein, Brody & Angnello, PC.
The Neutrogena, Aveeno Sunscreen Class Action Lawsuit is Baker, et al. v. Johnson & Johnson Consumer Inc., Case No. 3:21-cv-14421-ZNQ-TJB in the U.S. District Court for the District of New Jersey.
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