In re Johnson & Johnson Aerosol Sunscreen Marketing, Sales Practices & Products Liability Litigation, Judge Raag Singhal of the U.S. District Court for the Southern District of Florida has issued an order naming Keller Postman and four other firms as Interim Class Counsel. The order also named Aylstock, Witkin, Kreis & Overholtz, PLLC, Bradley/Grombacher, LLP, Beasley, Allen, Grow, Methvin, Portis & Miles, P.C., and Walsh Law, PLC.
On October 29, 2021, Johnson & Johnson issued notice of a tentative settlement. Class counsel will act on behalf of the proposed class as parties move forward with negotiating the settlement agreement and attaining final approval.
“We are honored to be entrusted with this responsibility and will ensure Johnson & Johnson is held accountable for knowingly selling products containing cancer-causing materials,” said Keller Postman Partner Seth Meyer. The Keller Postman team includes Meyer and Associate Alex Dravillas.
In early October 2021, the Judicial Panel on Multidistrict Litigation approved centralizing in Florida federal court lawsuits accusing Johnson & Johnson of selling sunscreen products tainted with the carcinogen benzene. The plaintiffs allege that J&J failed to include labeling that the sunscreens may contain benzene as an active or inactive ingredient, rendering the products adulterated, misbranded, and unlawful for sale. The plaintiffs also allege that J&J’s conduct caused economic damages to the plaintiffs, who relied on the ingredient list and advertising to decide whether to purchase the sunscreen.
On July 14, 2021, J&J admitted the products were unfit to sell due to unsafe levels of benzene, in a voluntary recall of five aerosol sunscreens. The affected products included Aveeno Protect + Refresh aerosol sunscreen and four Neutrogena sunscreen versions, including Beach Defense aerosol sunscreen, CoolDry Sport aerosol sunscreen, Invisible Daily Defense aerosol sunscreen, and UltraSheer aerosol sunscreen. J&J has recalled all lots of these five products.
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