Products Liability Law Reporter

A federal district court held that the plaintiff in a defective sunscreen suit failed to plausibly establish that the sunscreens she had used contained benzene.

Debra Cascio used Neutrogena Beach Defense sunscreens daily, applying it to her neck, shoulders, arms, hands, legs, feet, and face. She applied the sunscreen three to four times daily, except when it was raining. Approximately five years after she started using the products, she was diagnosed as having acute lymphoblastic leukemia. She sued Johnson & Johnson, alleging claims for products liability, negligence, misrepresentation, and breach of warranty. The defense moved to dismiss.

Granting the motion, the district court noted that the plaintiff offered a voluntary recall notice issued by the defense and a Valisure Citizen Petition to demonstrate that the sunscreen she used contained benzene. Citing case law, the court found that a recall notice alone does not support a plausible inference that the sunscreen contained benzene. Moreover, the court said, Valisure’s finding that one batch of Neutrogena Beach Defense SPF 50 contained benzene did not lead to a reasonable inference that the sunscreen Cascio used also contained benzene, adding that the petition stated that there was significant variability from batch to batch and that Cascio had failed to provide any information about the batches she used.

Consequently, the court concluded that the plaintiff failed to establish the sunscreens she used contained benzene or that the products she used caused her injuries.

Citation: Cascio v. Johnson & Johnson, 2024 WL 693489 (N.D. Ga. Feb. 20, 2024).