LOS ANGELES (Legal Newsline) – A class action lawsuit alleges consumers would not have purchased Neutrogena Healthy Skin Firming Cream with Broad Spectrum had they known it contained benzophenone.
Alex Straus of Milberg Coleman filed the case April 11 in Los Angeles federal court on behalf of clients Jonathan Horowitz and Dailt Coleman. It doesn’t allege the two were made sick by the chemical, which is listed on California’s Prop 65 list of carcinogens that require a warning label.
The case names Johnson & Johnson as defendant.
“Defendant represents that the product is safe for its intended use, but it actually contains benzophenone at the time of purchase, and prospective consumers are unaware of this fact because the chemical is not included on the products’ ingredients list or packaging,” the suit says.
“Feasible alternative formulations, designs and materials, such as mineral-based sunscreen, were available to Defendant at the time the product was formulated, designed, and manufactured, and such alternative formulations and designs were and are used by other manufacturers to produce and sell non-defective sunscreen.”
The plaintiffs incurred financial losses because they would not have bought the skin cream if the chemical’s presence had been disclosed, the suit says.