A recent court filing has sent shockwaves through the consumer safety landscape, as two Florida residents have accused a major pharmaceutical company of selling adulterated sunscreen products that allegedly caused a severe form of cancer. The complaint was filed by Taylor Weisleder and Michelle Weisleder in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on July 14, 2024, against Johnson & Johnson Consumer, Inc., and its subsidiary Neutrogena Corp.
The plaintiffs, Taylor and Michelle Weisleder, allege that Taylor developed Multiple Myeloma (MML) after using various Neutrogena sunscreen products contaminated with benzene—a known carcinogen. According to the complaint, Taylor regularly used these sunscreens for over a year while living in Palm Beach County. The lawsuit states that Taylor was diagnosed with MML on April 30, 2021, at the Cancer Center for South Florida in Lake Worth. The plaintiffs argue that Johnson & Johnson Consumer Inc. (JJCI) and Neutrogena failed to disclose the presence of benzene in their products and continued to market them as safe.
The lawsuit details how Valisure LLC conducted tests on JJCI's Neutrogena sunscreen products in 2020 and found benzene levels ranging from less than 0.1 parts per million (ppm) to over 6 ppm. Despite this alarming discovery and a subsequent citizen petition filed by Valisure with the FDA on May 24, 2021, JJCI only recalled the contaminated products on July 14, 2021. "Benzene is not listed as an active or inactive ingredient on any of the labels," the complaint notes, emphasizing that consumers were misled about the safety of these sunscreens.
The plaintiffs are seeking compensatory damages for medical expenses related to chemotherapy treatments and ongoing care for Taylor's condition. They also seek damages for pain and suffering, loss of enjoyment of life, disfigurement, physical impairment, and other injuries not fully known at this time. Additionally, Michelle Weisleder claims loss of consortium due to her husband's illness.
The lawsuit accuses JJCI and Neutrogena of multiple counts including strict liability based on design defect, failure to warn consumers about potential risks associated with their products, manufacturing defects due to contamination with benzene, negligence in ensuring product safety, breach of implied warranties by selling defective products unfit for use, and breach of express warranties by falsely advertising their sunscreens as safe.
Represented by Lawrence W. Luttrell from the Law Offices of Lawrence W. Luttrell P.C., the plaintiffs demand a jury trial to resolve these issues.
The Case Number is: 502024CA006533XXXAMB Div: AA.