Benzene – Banana Boat Sunscreen Litigation Update

Publish Date : 10/08/2024

The Ninth Circuit Court of Appeals reinstated a lawsuit against the maker of Banana Boat sunscreen, which alleges the company failed to disclose its products may contain trace amounts of benzene, a cancer-causing chemical. The case had previously been dismissed by a trial judge who alleged the plaintiffs lacked standing because the benzene levels in the sunscreen did not exceed FDA safety guidelines.

The appellate panel ruled the judge incorrectly weighed the evidence and prematurely dismissed the case. They emphasized plaintiffs did not need to prove the sunscreen violated FDA guidelines to show economic harm. Plaintiffs argued they would not have purchased the product if they had known it contained benzene, even at low levels.

The court also noted while the FDA’s limit for benzene in products is 2 ppm, this does not imply any amount of benzene is inherently safe. Plaintiff’s lawsuits claim reasonable consumers would avoid sunscreen containing benzene if given the information, regardless of the specific concentration. The court reinstated the case, allowing the plaintiffs to continue their claims of false advertising against Edgewell Personal Care, the maker of Banana Boat.