Benzene sunscreen claims - eligibility criteria

By Michael Bartlett

Posted on February 23rd, 2022

After years of using sunscreen contaminated with benzene, people who came to struggle with a disease are entitled to compensation from the responsible manufacturers. However, the legal process might seem daunting to the injured person, which is where we come to help. You will only have to meet a series of eligibility criteria.

The independent laboratory Valisure found over 20 different sunscreen brands to contain benzene in various concentrations. Some had a level of benzene up to 12 times above the safe limit suggested by the Food and Drug Administration, which is 2 ppm. Consequently, there is no way of knowing how much benzene there was in the products you had been using, but if you developed acute myeloid leukemia, we can unquestionably assume that the level of benzene was quite high. The course of action we will take against the companies whose sunscreen you had been applying to your skin can be based on:

  • negligence: it occurs when the manufacturer or someone else in the supply chain failed to act with care to ensure that the sunscreen was designed and produced with your safety in mind, and the higher the risk of injury linked to the product, the greater the duty of care the manufacturer will have
  • breach of warranty: manufacturers usually provide either express or implied assurances to you regarding the adequacy of their product, and if the promises in the warranty are not kept regarding the adequacy of their product, the warranty has been breached
  • strict liability: under this theory, the manufacturer is liable for all injuries and damages caused by a defective product that is hazardous to you, and what is required to be demonstrated in this kind of claim is that the product was defective and the defect caused injury to you

However, there are plenty of other reasons why a sunscreen company can be held liable, such as fraudulent concealment, deceptive trade practices, negligent misrepresentation, and improper warning labels. Furthermore, if people decide to file claims with the companies whose sunscreen was found to contain benzene and these companies have not recalled the affected products, they will most likely have to pay more money to the injured person.

You can only file a benzene sunscreen claim for acute myeloid leukemia

As a known human carcinogen, benzene is extremely dangerous to people, particularly to children, even in trace amounts. This is why Valisure is urging the Food and Drug Administration to take quick and effective action concerning the presence of benzene in sunscreen. The disease most often associated with benzene exposure is leukemia. Frequent exposure to benzene can increase the risk of leukemia by up to 40%. The chemical is responsible for chromosome changes in bone marrow, which are the hallmarks of leukemia.

While benzene exposure may cause other cancers, the only diagnosis for which you can file a benzene sunscreen claim is acute myeloid leukemia, as there is definitive evidence supporting this causal relation. If you have been using one or more sunscreen products in the following section and have this diagnosis, we strongly advise you to reach out to our legal team. Nonetheless, it is essential that you have a medical letter explaining that benzene exposure is the cause of your disease, as acute myeloid leukemia can have numerous other causes. A medical expert will be able to tell you whether your disease is the consequence of benzene exposure, as you will usually still have the chemical in your body upon your medical visit.

Which brands of sunscreen are contaminated with benzene?

Firstly, it is important to note that most sunscreen products containing benzene were aerosol sprays, which makes the degree of toxic exposure ever more serious, as people would also inhale benzene when applying sunscreen. These are the brands of sunscreen with benzene that, if you have used, you might qualify for filing a claim with the liable company:

  • Neutrogena
  • Sun Bum
  • CVS Health
  • Fruit of the Earth
  • Raw Elements
  • SunBurnt
  • Goodsense
  • Banana Boat
  • TopCare Everyday
  • EltaMD
  • Live Better by CVS Health
  • Ethical Zinc
  • Babyganics
  • Walgreens
  • Coppertone
  • Max Block
  • Solimo
  • La Roche-Posay
  • Equate
  • Up & Up

In the likely event that you used more than one of these sunscreen brands, we will file your claim with all manufacturers, which will result in a larger sum of money as compensation for you. Because we know how challenging battling cancer or aplastic anemia is, we will take it upon ourselves to tackle the most difficult aspects of the legal process on your behalf.

How long you have been using the sunscreen is also a very important factor for your eligibility

Lastly, to qualify for filing a benzene sunscreen claim, the duration of your use of the contaminated product is also very important, as people who have used one of the adulterated products for a short time will most likely not develop acute myeloid leukemia. As a result, they will not qualify. Therefore, you must also meet the following requirements:

  • you must have used one of the contaminated sunscreens for at least 5 years
  • you must have used one of the contaminated products for at least 50 days each year

If you are a person who applies sunscreen religiously, you will have no problem determining the period of time you have been using a product. Nonetheless, if you only use sunscreen during the summer, you should carefully think about the time you had been using it. Still, if you already have the diagnosis of acute myeloid leukemia, chances are that you meet all the eligibility criteria.

Our lawyers will help you recover the money you are entitled to from the liable companies

For over two decades, our attorneys and legal team have been offering quality assistance and advice to people whose health was severely affected by defective or contaminated products. While our practice began with asbestos exposure in industrial workers and veterans, today, we also take on claims of people who developed acute myeloid leukemia after using benzene sunscreen. To pursue financial compensation, you just have to describe your situation after giving us a call, answering a series of questions, and sending our legal experts some documents, including your medical records.

Our lawyers will analyze your case and your documents to determine whether you are eligible for compensation. If you are, they will begin preparing your claim for submission as soon as possible. Until resolution, you should carry on as usual, taking care of yourself and undergoing treatment, as we will handle the most daunting aspects of the legal process for you. Eventually, we will present you with the sum of money you are entitled to from the liable companies, which should help you afford better treatment, among other useful things.