Sunscreen Recall Lawsuits: Are You Eligible for Compensation?

Sunscreen is meant to protect us from harmful UV rays, but in recent years, certain products have been found to contain dangerous levels of benzene, a known carcinogen. In 2021, an independent study by Valisure, a pharmacy that tests consumer products, revealed that multiple aerosol sunscreens from major brands contained benzene at alarming levels. Following this, manufacturers like Johnson & Johnson recalled several Neutrogena and Aveeno spray sunscreens.

Benzene is a volatile chemical compound used in industrial applications such as plastics, resins, and synthetic fibers. However, it is not a necessary ingredient in sunscreen, which makes its presence particularly concerning. Long-term exposure to benzene has been linked to an increased risk of cancer, specifically leukemia and other blood-related disorders. The U.S. Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) classify benzene as a known human carcinogen, reinforcing the urgency of addressing this contamination issue.

Consumers who have used these recalled sunscreens for extended periods may have unknowingly put themselves at risk. The extent of harm depends on factors like frequency of use, duration of exposure, and individual health conditions. If you or a loved one regularly used a recalled sunscreen and later developed cancer, you may have grounds for legal action. At Rosengard Law Group, we are committed to helping New Jersey residents seek justice and compensation for their suffering.

List of Recalled Sunscreen Products

The recall included several widely used aerosol sunscreens, including:

• Neutrogena Beach Defense
• Neutrogena Cool Dry Sport
• Neutrogena Invisible Daily Defense
• Neutrogena Ultra Sheer
• Aveeno Protect + Refresh

While these were the officially recalled products, Valisure’s study found benzene in numerous other sunscreen brands, including Coppertone, Banana Boat, and CVS Health products. The presence of benzene was detected in products purchased off store shelves, meaning the contamination was not limited to one batch or location. This suggests that the issue may be systemic, affecting sunscreen production processes across multiple manufacturers.

This means that even if you used a product that was not recalled but still contained benzene, you may have a case. The risk extends beyond these specific brands, as third-party testing has raised concerns about quality control and manufacturing safety in the sunscreen industry. With these findings, consumers must remain cautious about the products they use and stay informed about potential hazards.

Legal Grounds for Sunscreen Recall Lawsuits

Victims of benzene-contaminated sunscreen may file lawsuits under product liability laws, which hold manufacturers accountable for selling dangerous or defective products. There are three key legal theories under which a lawsuit may be pursued:

1. Defective Design – If a product’s formula inherently contained benzene, making it unreasonably dangerous.
   
2. Manufacturing Defect – If benzene was introduced during production or packaging due to contamination or poor quality control measures.
   
3. Failure to Warn – If the company failed to warn consumers about the potential risks associated with its sunscreen products.

Product liability laws require manufacturers to ensure their products are safe for consumer use. When a company sells a product that causes harm due to a defect, whether in design, production, or labeling, it can be held financially responsible for the damages incurred by victims. Sunscreen manufacturers are expected to conduct thorough safety testing before releasing their products, and failure to do so may constitute negligence.

Who Can File a Sunscreen Recall Lawsuit in New Jersey?

You may be eligible to file a lawsuit if:

• You regularly used a recalled or contaminated sunscreen.
• You were later diagnosed with leukemia, non-Hodgkin’s lymphoma, or another benzene-related illness.
• Your medical records and receipts can establish a link between your sunscreen use and diagnosis.

New Jersey follows a two-year statute of limitations (N.J. Stat. §2A:14-2) for personal injury claims. This means you must file your lawsuit within two years from the date of diagnosis. However, exceptions may apply, so it’s best to consult a qualified attorney as soon as possible.

Unlike some states, New Jersey does not cap damages for personal injury claims, meaning victims can seek full compensation for medical expenses, lost wages, pain and suffering, and other damages. Additionally, New Jersey courts have a strong precedent of holding corporations accountable for consumer harm, particularly in product liability cases. These factors make it all the more important for victims to explore their legal options without delay.

Steps to Take if You Were Affected

If you believe a benzene-contaminated sunscreen has harmed you, follow these steps to strengthen your case:

1. Seek Medical Attention – Get a formal diagnosis and treatment plan. The sooner you obtain medical documentation, the stronger your case will be.
   
2. Preserve Evidence – Keep any receipts, photos, or leftover product. If possible, store the remaining sunscreen in a sealed bag to prevent further contamination.
   
3. Document Usage – Write down how often you used the product and for how long. Provide details about when and where you purchased the sunscreen.
   
4. Consult an Attorney – A lawyer can assess your case and determine the best course of action. Legal professionals can also help obtain expert testimony and additional evidence to support your claim.

The more evidence you have, the easier it will be to establish a connection between the contaminated product and your illness. Keep detailed records of your medical treatments, doctor visits, and any correspondence with manufacturers regarding the recall.

Compensation in Sunscreen Recall Lawsuits

Victims of defective products can seek compensation for:

• Medical expenses (past and future treatment costs, including chemotherapy, radiation, and long-term care)
  
• Lost wages (if the illness impacted your ability to work)
  
• Pain and suffering (emotional distress, loss of enjoyment of life, physical discomfort)
  
• Punitive damages (if the manufacturer’s actions were particularly reckless or negligent)

Punitive damages are especially significant in cases where manufacturers were aware of the risks but failed to act responsibly. If a company ignored safety concerns or attempted to cover up contamination, courts may impose additional financial penalties to deter similar behavior in the future.

Contact Rosengard Law Group for a Free Consultation

If you or a loved one developed cancer after using a recalled sunscreen, you may be entitled to compensation. Rosengard Law Group specializes in personal injury and product liability cases, and we offer free consultations to evaluate your claim. You won’t pay any legal fees unless we secure compensation for you.

Taking legal action not only helps secure financial relief for victims but also holds manufacturers accountable for their negligence. Call us today at (856) 284-6446 or visit our website to schedule your consultation.