Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 1 of 32
`
`Kimberly Channick (#325089)
` kchannick@alexwalshlaw.com
`WALSH LAW PLLC
`13428 Marcella Avenue, #203
`Marina del Rey, CA 90292
`Telephone: (310) 596-4545
`
`Alex Walsh (pro hac vice forthcoming)
` awalsh@alexwalshlaw.com
`WALSH LAW PLLC
`1050 Connecticut Ave, NW, Suite 500
`Washington D.C. 20036
`Telephone: (213) 863-4276
`Fax: (202) 780-3678
`
`David B. Byrne III (pro hac vice
`forthcoming)
` david.byrne@beasleyallen.com
`BEASLEY, ALLEN, CROW, METHVIN,
`PORTIS & MIKES, P.C.
`218 Commerce Street
`Montgomery, Alabama 36104
`Telephone: (334) 269-2343
`
`Seth Meyer (pro hac vice
`forthcoming)
` sam@kellerlenkner.com
`Alex Dravillas (pro hac vice
`forthcoming)
` ajd@kellerlenkner.com
`KELLER LENKNER LLC
`150 N. Riverside Plaza
`Suite 4270
`Chicago, Illinois 60606
`Telephone: (312) 741-5220
`Fax: (312) 971-3502
`
`Warren Postman (#330869)
` wdp@kellerlenkner.com
`KELLER LENKNER LLC
`1300 I Street, N.W., Suite
`400E
`Washington, D.C. 20005
`Telephone: (202) 918-1123
`Fax: (312) 971-3502
`
`Attorneys for Plaintiffs
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`Case Number:
`
`CLASS ACTION COMPLAINT
`
`(Jury Trial Demanded)
`
`JOHANNA DOMINGUEZ and
`SHARRON MEIJER, individually and
`on behalf of all others similarly situated,
`
`Plaintiffs,
`
`
`
`vs.
`
`JOHNSON & JOHNSON CONSUMER,
`INC.,
`
`Defendant.
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`CLASS ACTION COMPLAINT
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 2 of 32
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`Plaintiffs, Johanna Dominguez and Sharron Meijer (“Plaintiffs”), individually and on
`behalf of all others similarly situated, bring this action against Defendant Johnson & Johnson
`Consumer Inc. (“JJCI”), and in support thereof state as follows:
`NATURE OF THE CASE
`This is a class action lawsuit brought by Plaintiffs and other similarly situated
`1.
`purchasers of certain sunscreen products manufactured, marketed, distributed, and sold by JJCI
`under the brand names “Aveeno” and “Neutrogena.”1 Recent independent scientific testing,
`confirmed by JJCI through a massive nationwide recall, has revealed that several of JJCI’s
`Neutrogena and Aveeno sunscreen products contain dangerous and unacceptable levels of
`benzene, a known human carcinogen (hereinafter the “Products”).
`Each and every one of the Products has been marketed and sold as “sunscreen” by
`2.
`JJCI through packaging and other advertising materials, as required by 21 C.F.R. § 201.327(b).
`Each and every one of the Products fails to include labeling indicating that the
`3.
`Product may contain benzene as an active or inactive ingredient.
`4.
`The presence of benzene rendered the Products adulterated, misbranded, and
`unlawful for sale. JJCI’s conduct with respect to the Products caused economic damages to
`Plaintiffs and the putative Class. This suit is brought for injunctive relief and restitution of the
`full purchase price of the Products.
`Benzene is a simple hydrocarbon, C6H6, often found in crude oil and most easily
`5.
`identified by the smell associated with gasoline. It is used in industrial settings to make plastics,
`resins, synthetic fibers, and rubber lubricants, as well as dyes, detergents, drugs, and pesticides.
`6.
`Benzene is classified as a human carcinogen by the United States Department of
`Health and Health Services (“DHHS”). The World Health Organization (“WHO”) and the
`International Agency for Research on Cancer (“IARC”) have concluded that benzene is a Group 1
`
`1 JJCI is the manufacturer and/or distributor of the Products, and as of 2015, has succeeded
`to all the debts and liabilities of the Neutrogena brand and the Products. On information and belief,
`JJCI has, and continues to, operate the Neutrogena brand from its offices in Los Angeles,
`California. Likewise, on information and belief, JJCI is liable for all claims related to Aveeno
`products.
`
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`CLASS ACTION COMPLAINT
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 3 of 32
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`compound, i.e. it is “carcinogenic to humans.”2
`7.
`Scientific studies have established that exposure to benzene can cause leukemia,
`other blood and bone marrow disorders (including anemia), and a weakened immune system. In
`addition, benzene has been linked to multiple myeloma and non-Hodgkin’s lymphoma.
`8.
`The Food and Drug Administration (“FDA”) classifies benzene as a Class 1
`solvent, a group that encompasses materials that “should not be employed in the manufacture of
`drug substances, excipients, and drug products because of their unacceptable toxicity or . . .
`deleterious environmental effect.”3 In those limited cases where use of benzene is “unavoidable
`in order to produce a drug product with a significant therapeutic advance,” the FDA has restricted
`levels to 2 parts per million (“ppm”). In all other cases, no level of benzene is acceptable.
`The FDA regulates sunscreens to ensure they meet safety and effectiveness
`9.
`standards. All products that claim to provide Broad Spectrum Sun Protection Factor (“SPF”)
`protection, including the Products, are regulated as over-the-counter drugs, rather than as
`cosmetics. 21 C.F.R. § 352, et seq. The FDA requires sunscreen manufacturers to subject their
`products to certain testing before they are made available to any consumer. The FDA has also
`identified those materials that qualify as acceptable active ingredients for products labeled as
`sunscreen. Benzene is not one of those acceptable ingredients.
`The FDA’s regulations provide that an “over-the-counter sunscreen drug product
`10.
`in a form suitable for topical administration is generally recognized as safe and effective and is
`not misbranded if it meets” certain conditions. 21 C.F.R. § 352.1(a). Among other things, the
`product must contain “only suitable inactive ingredients which are safe in the amounts
`administered” and contains only listed active ingredients at levels “that do[] not exceed the
`amount reasonably required to achieve [their] intended effect.” 21 C.F.R. § 330.1(h).
`
`2 International Agency for Research on Cancer and World Health Organization, IARC
`to Humans
`Monographs
`on
`the
`Identification
`of
`Carcinogenic Hazards
`(https://monographs.iarc.who.int/list-of-classifications)
`3 Food and Drug Administration, Q3C – Tables and List Guidance for Industry (2017)
`(https://www.fda.gov/media/71737/download)
`
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 4 of 32
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`
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`
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`
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`Valisure is an independent pharmacy, registered with the FDA, whose scientists
`11.
`analyze the safety of various consumer products. Recently, Valisure conducted a study on the
`potential carcinogenicity of active ingredients in a variety of sunscreens and after sun products,
`including numerous products manufactured, marketed, and sold by JJCI. These included:
`Ultra Sheer Weightless Sunscreen Spray, SPF 100+
`Ultra Sheer Weightless Sunscreen Spray, SPF 70
`Ultra Sheer Dry-Touch Water Resistant Sunscreen, SPF 70
`Ultra Sheer Body Mist Sunscreen Broad Spectrum, SPF 45
`Ultra Sheer Body Mist Sunscreen Broad Spectrum, SPF 30
`Invisible Daily Defense Body Sunscreen Broad Spectrum, SPF 60+
`CoolDry Sport Water-Resistant Sunscreen Spray, SPF 70
`CoolDry Sport Water-Resistant Sunscreen Spray, SPF 50
`Beach Defense Oil-Free Body Sunscreen Spray, SPF 100
`Beach Defense Spray Body Sunscreen, SPF 50
`
`During its study, Valisure detected high levels of benzene in several JJCI product
`12.
`batches. In particular, Valisure identified benzene levels over 2 ppm in ten Neutrogena sunscreen
`batches from five separate products lines. (See table below.) It identified benzene levels of up to
`2 ppm in thirteen Neutrogena sunscreen batches from ten different product lines.4
`13.
`By way of reference, the National Institute for Occupational Safety and Health
`(“NIOSH”) recommends protective equipment be worn by any worker expecting to be exposed to
`benzene at concentrations of 0.1 ppm for over 10 hours or 1 ppm for 15 minutes.5 NIOSH lists
`
`
`
`
`
`4 Should discovery reveal additional sunscreen products that are affected by this action and
`Plaintiff reserve their right to include additional sunscreen products manufactured, sold, and
`distributed by JJCI should discovery identify additional such products relevant to this action.
`5 Centers for Disease Control and Prevention. The National Institute for Occupational
`and
`Health,
`BENZENE:
`Systemic
`Agent
`(2011)
`Safety
`(https://www.cdc.gov/niosh/ershdb/emergencyresponsecard_29750032.html)
`3
`CLASS ACTION COMPLAINT
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 5 of 32
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`“skin absorption” as one way a person could be exposed to dangerous levels of benzene.6
`
`Valisure determined that benzene is not unavoidably present in the sunscreen
`14.
`products. Indeed, many of the sunscreens that Valisure tested contained no benzene. Nor is
`benzene’s presence in the products related to any known, let alone significant, therapeutic
`advance. Benzene is not a listed active or inactive ingredient on the label of any of the Products,
`and JJCI has never otherwise warned consumers that the Products may contain benzene.
`15.
`Products with avoidable levels of benzene do not “contain[] only suitable inactive
`ingredients which are safe in the amounts administered” or contain only listed active ingredients
`at levels “that do[] not exceed the amount reasonably required to achieve [their] intended effect.”
`21 C.F.R. § 352.1(a); 21 C.F.R. § 330.1(e)(h).
`16.
`Accordingly, per FDA guidelines, any significant detection of benzene in the
`Products should be deemed unacceptable.
`17.
`Valisure states that the presence of benzene in the Products may be the result of
`
`6 Centers for Disease Control and Prevention. The National Institute for Occupational
`and
`Health
`(NIOSH),
`Benzene
`(October
`30,
`2019)
`Safety
`(https://www.cdc.gov/niosh/npg/npgd0049.html)
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`contamination. Valisure does not identify how this contamination could have occurred, but its
`testing showed how readily detectable this dangerous contaminant is in the Products.
`18.
`As Valisure concluded, the presence of a known human carcinogen in the Products
`is especially troubling as the Products are “widely recommended for the prevention of skin cancer
`and regularly used by adults and children in large volumes.”7 Because “[s]unscreen products are
`typically used in many times higher volume than standard drug products like tablets or capsules,”
`“even a relatively low concentration limit can result in very high total exposure.”8 As one
`researcher and clinician from Yale University has explained, “Considering that human skin has a
`large total surface area (~1.85 m2), and that ~28.5 g of sunscreen is needed per application to
`properly cover that skin surface, it follows then that there is not a safe level of benzene that can
`exist in sunscreen products.”9
`19.
`To put this figure in context, at the FDA conditional restriction limit of 2 ppm for
`benzene, 28.5 g of sunscreen would contain 57,000 ng of benzene in a single application which
`may reasonably be used 4 times per day, therefore amounting to 228,000 ng of benzene exposure
`per day. Other comparable carcinogens, such as N-Nitrosodimethylamine (“NDMA”), have
`permissible daily intakes of around 96 ng. This means a sunscreen with a benzene detection of
`6.26 ppm, such as JJCI’s Ultra Sheer Weightless Sunscreen Spray, SPF 100+, equates to
`approximately 695,800 ng of benzene in one day or 7,248 times the limit for comparable
`carcinogens.
`On May 25, 2021, Valisure filed a citizen petition with the FDA, detailing its
`20.
`findings and asking the FDA to recall all batches of sunscreen products in which benzene was
`detected, including all batches of Neutrogena products containing the carcinogen.
`As Valisure explained in its petition, the presence of benzene in the Products
`21.
`
`7 Light, Kucera, and Wu, Valisure Citizen Petition on Benzene in Sunscreen and After-sun
`Care Products, p. 2 (May 24, 2021).
`8 Id. at 16.
`9 Email from Dr. Christopher Bunick, MD, PhD, Associate Professor of Dermatology at
`Yale University, New Haven, CT to Valisure.
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 7 of 32
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`renders them adulterated under Section 50110 of the Federal Drug and Cosmetics Act (“FDCA”)
`and misbranded under Section 50211 of the FDCA, in violation of 21 U.S.C. § 351 and 21 U.S.C.
`§ 352, respectively. The Products are also misbranded under Cal. Health & Safety Code
`§ 111330 and N.Y. Educ. Law § 6802(13).
`22.
`Federal and analogous state law prohibits the manufacture, distribution, and
`receipt of any misbranded or adulterated drug. See 21 U.S.C. § 331(a); Cal. Health & Safety
`Code § 111440; N.Y. Educ. Law § 6811. Nonetheless, JJCI waited nearly two months before
`removing the some of the Products from the market. Despite announcing a nationwide recall of
`many aerosol Products on July 14, 2021,12 as of the date of this filing, JJCI continues to market,
`sell, and profit from the Products using false and misleading statements regarding their safety.13
`23.
`Despite the Valisure petition’s extensive reporting on the presence of benzene in
`its products, JJCI waited nearly two months to recall any of the Products or warn members of the
`public of the risks to their health or safety.
`24. When JJCI finally did announce the presence of benzene in the Products, it also
`revealed that not only had Neutrogena products been adulterated and mislabeled, but that benzene
`was also present in at least the Aveeno brand Protect + Refresh aerosol sunscreen product line.
`Despite the Valisure petition’s extensive reporting on the presence of benzene in
`25.
`its products, JJCI waited nearly two months before taking any action to remedy the mislabeling of
`
`10 Section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act provides that a drug
`(including a drug contained in a medicated feed) shall be deemed to be adulterated if the methods
`used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do
`not conform to or are not operated or administered in conformity with current good manufacturing
`practice to assure that such drug meets the requirement of the act as to safety and has the identity
`and strength, and meets the quality and purity characteristics, which it purports or is represented to
`possess.
`11 Section 502(a) declares that a drug or device is misbranded if its labeling proves false or
`misleading in any particular.
`12 https://www.neutrogena.com/sunscreen-recall.html
`13 To date, JJCI has made no recall of Ultra Sheer Dry-Touch Water Resistant Sunscreen
`SPF 70.
`
`6
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 8 of 32
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`the Products.
`To date, JJCI has not explained why or how benzene is present in the Products, or
`26.
`whether JJCI conducted testing that could and should have detected benzene.
`27.
`The revelation that the Products contain unacceptable levels of benzene, and are
`therefore adulterated and misbranded, stands in stark contrast to JJCI’s long-standing branding,
`marketing, and advertising strategy for Neutrogena and Aveeno products, including its sunscreen.
`That strategy revolves around convincing consumers that the Products are safe and healthy.
`28.
`The packaging for the Products, as well Neutrogena’s website, have long
`represented to consumers that the Products are “#1 Dermatologist Recommended.”14 The basis
`for this representation, which clearly aims to portray the product as safe and healthy, is nowhere
`specified on either the Products packaging or website. And the representation remains unchanged
`even in the wake of Valisure’s discovery and citizen’s petition. Nowhere do Defendants explain
`if or how dermatologists recommended the Products with knowledge that they contain benzene.
`However, the Neutrogena website acknowledges that “[t]he strong relationship between
`Neutrogena® Corporation and dermatologists gave the company an exceptional competitive
`advantage.”15
`
`14 https://www.neutrogena.com/the-bar/why
`neutrogena.html?q=dermatologist%20recommended (last visited July 9, 2021)
`15 Id. (last visited July 9, 2021).
`
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 9 of 32
`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 9 of 32
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`CLASS ACTION COMPLAINT
`CLASS ACTION COMPLAINT
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 10 of 32
`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 10 of 32
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`CLASS ACTION COMPLAINT
`CLASS ACTION COMPLAINT
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 11 of 32
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`29.
`Neutrogena also makes a point of associating the word “clean” with its Ultra Sheer
`product line, repeatedly noting in both its packaging and advertising that the product is “clean.”
`Ironically, in Valisure’s testing, Neutrogena’s Ultra Sheer products held four of the top five spots
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 12 of 32
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`in benzene ppm.
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`30.
`The packaging for the Aveeno Products, meanwhile, represents to consumers that
`the Aveeno Products have been “Dermatologist recommended for over 65 years.” The
`representation remains unchanged even in the wake of Aveeno’s recall. Nowhere does JJCI
`explain if or how dermatologists recommend the Products with knowledge that they contain
`benzene.
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 13 of 32
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`31.
`JJCI’s efforts to portray its sunscreens as clean and doctor approved extends to its
`commercials as well. For example, commercials for Neutrogena Ultra Sheer, starring actress
`Jennifer Garner, prominently display the representation, “#1 Dermatologist Recommended
`Suncare.”16 In these commercials, Ms. Garner emphasizes the “clean” feel of the product and
`deems it “the best for your skin.”17
`
`
`16 Neutrogena Ultra Sheer Dry Touch TV Commercial Featuring Jennifer Garner
`https://www.ispot.tv/ad/7ZH8/neutrogena-ultra-sheer-dry-touch-featuring-jennifer-garner
`(last
`visited July 13, 2021).
`17 GRANDLARGETV, Neutrogena w/Jennifer Garner, YOUTUBE (Feb. 23, 2017)
`https://www.youtube.com/watch?v=K55T4vbJa6Y
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 14 of 32
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`
`32.
`Another commercial, advertising the Neutrogena Beach Defense line, features
`children playing on a beach and happily being sprayed with Neutrogena sunscreen. The
`commercial emphasizes that the product is the “sun care brand used most by dermatologists and
`their families.” Smiling children appear as the word “families” is heard.18
`33.
`Neutrogena also touts itself as a “[l]eading the way” in product testing. The
`company’s website has an entire page dedicated to its supposedly high product-testing standards;
`among other claims, Neutrogena purports to “not only follow individual country regulations, but
`also look to incorporate the best thinking and practices from top authorities for skincare products
`around the world.” The webpage goes on to explain that the company “set[s] a high bar for using
`ingredients. Our ingredients are screened for quality, manufacturing process, government
`regulations, published research, and our own ingredient safety databases.” The company also
`makes specific claims about it manufacturing process, emphasizing that “[s]afety goes beyond the
`ingredients list,” with attention also paid to “how our ingredients are used, our manufacturing
`safeguards, how the products are used, and testing requirements for our products.”19
`34.
`Neutrogena’s product testing webpage links to another JJCI webpage regarding the
`company’s safety and care commitment. This webpage notes that, “Your safety is our priority.
`That’s why our safety assessment process meets or exceeds industry and regulatory standards for
`baby and beauty personal care products. It’s a process that never ends–we continually review our
`product ingredients against the latest research and consumer feedback. We believe our process is
`among the most rigorous in the world and is at the core of our Safety & Care Commitment.”20
`The webpage goes on to state that “Our Safety & Care Commitment means that every product is
`carefully reviewed and evaluated against internationally recognized standards.” The webpage
`
`
`18 Neutrogena Beach Defense TV Commercial, ‘More Protection. More Sun.’,
`https://www.ispot.tv/ad/OBGJ/neutrogena-beach-defense-more-protection-more-sun (last visited
`July 13, 2021).
`19 Neutrogena Product Testing, https://www.neutrogena.com/producttesting.html (last
`visited July 13, 2021).
`20 Commitment, https://safetyandcarecommitment.com/commitment (last visited July 13,
`
`2021).
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 15 of 32
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`
`then reiterates the tenants of product testing that appear on the Neutrogena website.21
`35.
`Aveeno’s website likewise aggressively markets its products as contributing to
`consumers’ health and emphasizes that its products are comprised of ingredients from nature.
`Aveeno’s “About Aveeno” webpage is replete with claims about the safety and supposedly
`“natural” origins of its ingredients. For example, the webpage states “Healthy Skin, Naturally:
`Nature fuels our healthy spirit, just like healthy skin fuels yours. We research and work with
`scientists and dermatologists around the world to unlock the therapeutic power of nature’s most
`restorative ingredients, giving you clinically-proven products that nurture and care for your skin,
`so you can care for what’s most important in life.” The webpage goes on to explain that the
`company was started based on two brothers’ belief that “nature holds the secret to human health”
`and notes that since the creation of the brand, it has “published 70 years of clinical evidence
`supporting the benefits of not just oat, but other natural ingredients.” Under the section about
`Aveeno’s supposed “Commitment to Wellness,” the company notes when it comes to its
`ingredients “‘Good enough’ is never good enough for Aveeno®. Our internal standards for safety
`testing and ingredient quality far exceed those set by regulators around the world. . . . We think
`about every element we use in every one of our products—where it came from, what it does and
`how it impacts you and your skin. Only ingredients that pass our strict 5-step safety assurance
`process are used.”22
`36.
`On Aveeno’s webpage dedicated to sun products, the company goes even further
`to advertise its products as safe and healthy. The webpage notes “Soak Up The Sun Worry Free:
`The best sun care leaves you feeling carefree. Aveeno’s powerful and hydrating sun protection
`with broad spectrum SPF keeps your skin safe and healthy so you can enjoy sunny moments
`without a single worry.”23
`37.
`Representations made on JJCI’s Neutrogena and Aveeno websites remain today,
`
`
`
`21 Id.
`22 About Aveeno, https://www.aveeno.com/about (last visited July 14, 2021).
`23 https://www.aveeno.com/sun
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`Case 3:21-cv-05419 Document 1 Filed 07/14/21 Page 16 of 32
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`
`despite the recall of their products, making no mention of Valisure’s findings. These
`representations do not, and upon information and belief have never, explained whether or not
`JJCI itself bothered to test its products for benzene and, if such testing did actually occur, what
`the results were.
`38.
`In addition, the website for JJCI’s corporate parent, Johnson & Johnson, continues
`to promote a wide variety of articles claiming that chemical sunscreens, like the Products, are
`safe. For example, one webpage titled “The Science of Sunscreen: 3 Experts Tackle Common
`Myths About Its Safety” notes that both mineral and chemical sunscreens “are considered safe
`and effective, and have been used by consumers for decades.” The article quotes a Dr. Joshua
`Zeichner as stating “[d]espite anecdotal reports questioning the safety of the ingredients in
`sunscreen, there is no data that shows there is any harm to your health by using it.” The article
`also notes a 2011 review of sunscreen ingredients, which “found that none were shown to have
`toxicity in humans.”24 The referenced article, “Current Sunscreen Controversies: A Critical
`Review” by Mark Burnett and Steven Wang, unsurprisingly did not examine the toxicity of
`benzene.
`39.
`Other articles on the Johnson & Johnson website tout Neutrogena’s products as
`essential to health, including, ironically, cancer prevention. For example, one article titled “8
`Things We Learned From the New Neutrogena Documentary In the Sun,” notes that
`“[p]revention [of melanoma] starts with sunscreen.”25 Another article titled “The ABCs and 123s
`of Smart Summer Skin Care,” encourages readers to share the provided sunscreen facts and “have
`
`
`24 Sunny Sea Gold, The Science of Sunscreen: 3 Experts Tackle Common Myths About Its
`Safety, (May 20, 2019), https://www.jnj.com/health-and-wellness/sunscreen-safety-myths-experts-
`tackle-the-science-of-sun-protection; see also Krista Bennett DeMaio, 5 Things We Now Know
`About the Safety and Effectiveness of Sunscreen, (May 23, 2017), https://www.jnj.com/health-and-
`wellness/5-things-we-now-know-about-safety-and-effectiveness-of-sunscreen
`(noting
`that
`“[s]unscreen is . . . safe to use” and that “[w]e’ve been using some of the[] ingredients [in sunscreen]
`for 30 years with a proven safety record—and there’s much more evidence of benefit than harm”)
`25 Krista Bennett DeMaio, 8 Things We Learned From the New Neutrogena Documentary
`In the Sun, (May 18, 2021), https://www.jnj.com/health-and-wellness/sun-safety-facts-from-
`neutrogena-documentary-in-the-sun
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`a safe, healthy summer!”26
`40.
`Neutrogena even created the “Choose Skin Health Movement,” which was
`purportedly designed to “change the future of skin health and reduce the risk of skin cancer
`through education, empowerment, and early detection.”27 Several celebrities filmed spots for the
`campaign, including Jennifer Garner, Kristen Bell, and Kerry Washington. In the kick-off video
`for the campaign, Ms. Garner emphasized the statistics on skin cancer and ended by stating that
`she chooses “Neutrogena suncare because “[she] choose[s] skin health.”28 In another such video,
`Garner states that she “wears Neutrogena Ultra Sheer 45 every day because” she chooses “skin
`health.”29 This sunscreen is from the same product line as many of the products Valisure revealed
`to be contaminated. In yet another video, Ms. Washington advises viewers to “[p]rotect yourself
`and those you love. Choose skin health for a lifetime of healthy skin.”30
`41.
`JJCI’s failure to prevent the presence of benzene in the Products, and its continued
`sale of these dangerous and illegal products, constitutes actionable fraud. As of the date of this
`filing, JJCI continues to mislead and defraud consumers by making affirmative
`
`
`(June 15, 2016),
`26 The ABCs and 123s of Smart Summer Skin Care,
`https://www.jnj.com/health-and-wellness/the-abcs-and-123s-of-smart-summer-skin-care. And the
`sunscreen-safety related articles do not stop there. See, e.g., Elizabeth Marglin, 6 Summer Sun
`Safety Tips From Seasoned Moms, (June 7. 2017), https://www.jnj.com/health-and-wellness/6-
`summer-sun-safety-tips-from-seasoned-moms; Gigi Ross, Being Sun Smart for UV Safety Month,
`(July 19, 2013), https://www.jnj.com/our-company/being-sun-smart-for-uv-safety-month.
`27 Neutrogena is kicking off its 2016 Choose Skin Health Campaign, HAPPI (July 1, 2016),
`https://www.happi.com/issues/2016-07-01/view_breaking-news/neutrogena-is-kicking-off-its-
`2016-choose-skin-health-campaign/
`28 Neutrogena, Jennifer Garner Shares Why You Should Join the #ChooseSkinHealth
`Movement, YOUTUBE (May 21, 2014),
`https://www.youtube.com/watch?v=l1ep2dy4tS4&list=PLPA6DFZGPXhk7_EodvLLFRZRJK-
`mTwojI&index=14
`29 Neutrogena, Jennifer Garner Shares Her Daily Sunscreen, YOUTUBE (May 22, 2014),
`https://www.youtube.com/watch?v=38AIdCY1evQ
`30 Neutrogena, Kerry Washington Gets Personal About Her Skin Health, YOUTUBE (July
`22, 2015),
`https://www.youtube.com/watch?v=HokEk_1hwKI&list=PLPA6DFZGPXhk7_EodvLLFRZRJK
`-mTwojI
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