Johnson & Johnson Consumer, Inc. and Neutrogena Corp. make sunscreens, among other things—products that are meant to be applied to the skin. But the complaint for this class action alleges that the sunscreens are adulterated with benzene, “render[ing] them adulterated and misbranded” as well as “illegal to sell under federal law…”
The National Class for this action is all consumers who bought or used the products for personal consumption. A South Carolina Subclass has also been proposed, for those in the above class who bought or used the products in that state.
The complaint describes benzene as “a carcinogenic chemical that is linked to leukemia and other cancers.”
On pages 4-5 of the complaint is a chart of the many Neutrogena sunscreen products, which come in the form of lotions and sprays. The Food and Drug Administration (FDA) classifies sunscreens as drugs, the complaint says, because they “prevent[] sunburn, skin aging, and skin cancer.” The FDA therefore sets standards for sunscreens’ safety and effectiveness.
The complaint alleges, “The FDA routinely evaluates sunscreen products to ensure the sunscreen adequately protects consumers from skin cancer when used as directed.” It therefore says that “the presence of a carcinogen in [a] cancer prevention product would be concerning and affect a substantial portion of the population.”
Nevertheless, the online pharmacy Valisure found concerning levels of benzene in certain brands of sunscreen on May 25, 2021. It was using a gas chromatography flame ionization test modified to detect impurities. Because of its findings, Valisure filed a citizen petition with the FDA, asking it to recall certain batches of sunscreen that contained 0.1 ppm of benzene.
The complaint refers to an “FDA concentration limit of 2 parts per million (ppm)” and claims that the following products exceeded that amount:
• Neutrogena Ultra Sheer Weightless Sunscreen Spray, SPF 100+
• Neutrogena Ultra Sheer Weightless Sunscreen Spray, SPF 70
• Neutrogena Beach Defense Oil-Free Body Sunscreen Spray-SPF 100
• Neutrogena Invisible Daily Defense Body Screen Broad Spectrum SPF 60+
• Neutrogena Beach Defense Spray Body Sunscreen SPF 50
According to the complaint, “The FDA lists benzene as a ‘Class 1 solvent’ that ‘should not be employed in the manufacture of drug substances, excipients and drug products because of [its] unacceptable toxicity.”
The complaint alleges, “Benzene, a known human carcinogen[,] is not on the FDA’s list of acceptable active or inactive ingredients for sunscreen products. Nor is benzene identified as an active or inactive ingredient on any of the Sunscreeen Products” at issue in this case.
The complaint quotes Valisure as saying, “Sunscreen products are typically used in many times higher volume than standard drug products like tablets or capsule, so even a relatively low concentration limit can result in a very high total [benzene] exposure.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
J&J, Neutrogena Sunscreen Products Benzene Content Complaint
September 9, 2021
Johnson & Johnson Consumer, Inc. and Neutrogena Corp. make sunscreens, among other things—products that are meant to be applied to the skin. But the complaint for this class action alleges that the sunscreens are adulterated with benzene, “render[ing] them adulterated and misbranded” as well as “illegal to sell under federal law…”
J&J, Neutrogena Sunscreen Products Benzene Content ComplaintCase Event History
J&J, Neutrogena Sunscreen Products Benzene Content Complaint
September 9, 2021
Johnson & Johnson Consumer, Inc. and Neutrogena Corp. make sunscreens, among other things—products that are meant to be applied to the skin. But the complaint for this class action alleges that the sunscreens are adulterated with benzene, “render[ing] them adulterated and misbranded” as well as “illegal to sell under federal law…”
J&J, Neutrogena Sunscreen Products Benzene Content Complaint