Settlement for Aveeno and Neutrogena Sunscreen Class Action Case
- Author: Jacob Greene
- Posted: 2024-09-23
At the end of April, Johnson & Johnson (J&J) announced that it decided to provide a settlement in a class action lawsuit related to several of its Aveeno and Neutrogena brand sunscreen products. The multinational corporation, which deals primarily in health-related products, agreed to pay out $1.75 million to class members.
Read on to learn if you have a claim:
Why Did J&J Face Legal Action?
Valisure, a third-party laboratory that seeks transparency in the healthcare industry, independently tested approximately 300 aerosol and lotion sunscreens and post-sunlight-exposure products. It revealed in July 2021 that it found benzene at high levels in 78 of the products, including J&J Aveeno and Neutrogena ones.
Benzene is a well-known carcinogen that can cause blood cancers, leukemia and lymphoma. Absorption of benzene by the human body from use of sunscreen can cause major health issues. Valisure made a recall petition request to the U.S. Food and Drug Administration. By July 14, J&J issued a voluntary recall of the products that Valisure considered unsafe for consumer usage. It didn't admit to any wrongdoing.
In fact, in its recall announcement, J&J emphasized that the benzene contamination levels weren't high enough to cause "adverse health consequences" and noted that the recall was "out of an abundance of caution." It also emphasized that benzene occurs naturally everywhere and that people receive daily exposure from various sources. It offered refunds to all consumers affected by the recall. Consumers in several areas of the country filed lawsuits. They claimed that J&J needs to be held responsible for exposing the public to a known cancer-causing contaminant.
List of Relevant Products
This particular settlement only applies to certain products purchased during certain dates. If you purchased any of the below products from May 26, 2015, to April 8, 2022, you can receive up to 2 vouchers worth $21.16 ($10.58 per voucher) without proof of purchase:
- Aveeno Baby Continuous Protection Sensitive Skin Sunscreen Lotion
- Aveeno Protect + Refresh Aerosol Sunscreen
- Neutrogena Beach Defense Aerosol Sunscreen
- Neutrogena Cool Dry Sport Aerosol Sunscreen
- Neutrogena Invisible Daily Defense Aerosol Sunscreen
- Neutrogena Ultra Sheer Aerosol Sunscreen
- Neutrogena Sheer Zinc Dry-Touch Face Sunscreen Lotion
- Neutrogena Ultra Sheer Dry-Touch Water Resistant Sunscreen Lotion
Class members can only submit a claim form for 2 vouchers per household, but they can transfer their vouchers at any time. They must use or transfer them within 12 months.
History of Dangerous Products
J&J has a significant history of product contamination occurring at the manufacturing and consumer levels. In 1982, J&J's Tylenol capsule products didn't have good enough tamper-proofing and someone slipped potassium cyanide into them resulting in the deaths of seven people. At the manufacturing level, the FDA found J&J guilty of violating federal manufacturing protocols in 2009 and 2013 after it concluded a two-year investigation into consumer complaints about bacteria and pieces of metal in popular products, including Motrin, Tylenol and Zyrtec.
The most well-known recent case involves J&J's Baby Powder and Shower-to-Shower products. Research revealed that talcum powder containing even small amounts of asbestos can potentially lead to women experiencing ovarian cancer. It can also cause anyone to experience mesothelioma. Although complaints and thousands of lawsuits have existed for years, J&J didn't officially switch entirely to cornstarch-based powders and discontinue talcum powder in the United States until 2020. Many lawsuits remain outstanding in this case.
Things to Keep in Mind
If J&J receives too many claims, a judge may permit the company to reduce the amount of each voucher or number of vouchers per household. Class members have until July 7 to submit their claims. That said, a lot can happen between now and that date or the August 12 date for the settlement hearing in which a judge must approve J&J's offer.
Although J&J has agreed to pay out the $1.75 million, officials with the company aren't admitting that the relevant products actually contained contaminants or harmed consumers. They have agreed to use a third-party firm moving forward to test all the raw materials used in their products for contamination from benzene. It's important to note that they haven't agreed to test for other contaminants.
Sunscreens provide valuable protection against harmful ultraviolet radiation that can cause skin cancer, but consumers need to use caution when buying them. Experts agree that it's best to research any product before buying it through third-party labs and non-profit organizations that regularly test these types of products as part of consumer protection investigations.
