On July 27, 2021, Siskinds Desmeules, the Quebec firm affiliated with Siskinds LLP, filed an application for authorization to bring a class action against Johnson & Johnson, Johnson & Johnson Inc., Johnson & Johnson Consumer Inc. and Neutrogena Corporation (“Defendants”). This action was filed on behalf of residents of Quebec who have purchased and/or used certain aerosol sunscreens marketed under the Neutrogena® brand (collectively, the “Affected Products”), namely:
- Neutrogena Beach Defense Kids Spray Sunscreen, SPF 60, DIN* 02420953;
- Neutrogena Ultra Sheer Body Mist Sunscreen, SPF 30, DIN 02486474 and 02301563;
- Neutrogena Ultra Sheer Body Mist Sunscreen, SPF 45, DIN 02487942 and 02301571;
- Neutrogena Ultra Sheer Body Mist Sunscreen, SPF 60, DIN 02502526 and 02334542
* Drug identification number
The proposed class action is the result of a report from a US quality assurance company published on May 24, 2021 that identified the discovery of benzene in various sunscreen products and a voluntary recall issued by the Defendants regarding the Affected Products that was published on their websites on July 14, 2021. A recall was also issued on the Health Canada website on July 14 and 17, 2021.
Sunscreen Recall Lawsuit – Class Action Background Information
Benzene is an organic compound known to be carcinogenic. Frequent and long-term exposure (e.g., absorption through the skin or inhalation) to high concentrations of benzene is potentially for dangerous your health.
The immediate signs of exposure to a high concentration of benzene are:
- skin irritation;
- drowsiness;
- dizziness;
- tremors;
- nausea;
- fast or irregular heartbeat; and
- headaches.
Although no level of exposure to benzene is safe, long-term (for a year and more) and repeated exposure can have serious health consequences, including:
- various form of cancer such as leukemia;
- anemia (low level of red blood cells); and
- bone-marrow deficiency.
Developments
A class action was filed by Siskinds Desmeules on July 27, 2021. It was filed on behalf of all residents of Quebec. You can view a copy of the application for authorization to institute a class action here (French only).
On November 30, 2021, the Superior Court of Quebec issued a judgement discontinuing the motion for authorization. A copy of the judgment authorizing the discontinuance is available here (French only). Copy of the notice of discontinuance is available here (French only).
Take note that because of this discontinuance, the limitation period for bringing a claim, if there is any time left within it, is no longer suspended.
Nothing in this notice is intended to be legal advice and it is recommended that you obtain legal advice from a lawyer of your choice if you wish to pursue a court claim against the Defendants.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
Since this class action has been discontinued, it is no longer possible to join it.
Can I exclude myself from the class action?
No. Since this class action has been discontinued, it is no longer possible to join and therefore opt out.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in Touchform below.
You may also contact our Quebec office, Siskinds, Desmeules, by phone at 418-694-2009 or at the toll-free number 1-877-735-3842 or by email at [email protected].
Documents
Quebec
- Application for authorization to institute a class action – July 27, 2021 (French only)
- Judgement authorizing the discontinuance - Superior Court – December 1, 2021 (French Only)
- Notice of discontinuance - December 3, 2021 (French only)