Founded in 1886 in New Brunswick, New Jersey, Johnson & Johnson has become the largest healthcare corporation in the world over the decades, with 250 subsidiary companies operating in 60 countries. However, the company has been the subject of controversy many times. For instance, while Johnson & Johnson had known that the talc in its famous baby powder was contaminated with asbestos since the ‘70s, the company decided to keep this a secret from consumers. Consequently, thousands of people came to struggle with ovarian cancer and mesothelioma, a sporadic and aggressive cancer of the lungs, several decades later. Johnson & Johnson had to pay millions of dollars to the victims in over 40,000 cases.
Recently, the sunscreen manufactured by the company was found to contain benzene, a highly toxic chemical, exposure to which can cause blood cancers such as leukemia, myeloma, and lymphoma. Valisure, a Connecticut independent laboratory, tested 294 popular sunscreens in the spring of 2021 and found that 78 of these products contained benzene. Currently, there is no safe limit for benzene in cosmetic products and drugs, as the chemical is not one of these ingredients. However, the Food and Drug Administration has a 2-ppm limit for benzene, but it applies only in particular situations, and sunscreen contamination is not one of them.
Johnson & Johnson Recalls the Tainted Sunscreen, Yet Minimizes the Severity of the Problem
Shortly after the Valisure study test results were made public, Johnson & Johnson decided to issue a recall on five benzene-containing sunscreens manufactured by two of its subsidiaries, namely Aveeno Protect + Refresh, and Neutrogena Invisible Daily Defense, Neutrogena Beach Defense, Neutrogena Cool Dry Sport, and Neutrogena Ultra Sheer. After the company took these products off the shelves, it advised consumers to stop using the sunscreen, although it “would not be expected to cause adverse health effects” even with frequent use. The Food and Drug Administration posted this light warning on its website without any additional information.
Nevertheless, the document Consumer Reports obtained by virtue of the Freedom of Information Act came to a very different conclusion. According to this eye-opening report, the sunscreen of Johnson & Johnson had a benzene concentration 5 to 12 times greater than the safe limit of 2 ppm, which poses a tremendous danger to consumers’ health. If such a high level of benzene lurks in a product that people regularly apply to their skin and inhale, as most affected sunscreens are aerosol sprays, a serious negative health impact is “likely to occur,” including the potential for life-threatening issues or even “permanent impairment of a body function,” according to the Food and Drug Administration’s report.
By withholding this crucial information from consumers, the Food and Drug Administration sided with Johnson & Johnson in whitewashing the severity of the issue of benzene. Since the company’s warning was barely emphasized on, many people might not have taken it seriously and kept using the contaminated sunscreen without knowing how much benzene it contained. Interestingly, the agency conducts these evaluations to assess the risk of a tainted product that will be taken off the market before the actual recall. Donna Lorenson, vice president of communications for Johnson & Johnson Consumer Health, met with the Food and Drug Administration to discuss the “risk assessment completed by the Food and Drug Administration.”
Nonetheless, Lorenson claims that the purpose of the meeting was to discuss the company’s analysis, not “the content or conclusions of any Food and Drug Administration assessment.” She also insists that the agency did not tell Johnson & Johnson that it had “concluded that adverse events were likely to occur” if consumers did not cease using the contaminated sunscreen. “Research clearly shows that regular exposure to benzene at levels above 2 ppm increases the risk of cancer, and the amount detected in these products was well above that,” says Michael Hansen, Ph.D., a senior scientist at Consumer Reports.
Could the FDA Reveal the Real Content of Benzene in Johnson & Johnson’s Sunscreen?
The conflicting assessments between the internal Food and Drug Administration report and Johnson & Johnson’s light recall warning raise questions about the agency’s decision-making process and how it informs consumers about dangerous or defective products. When a problem arises with a product, the Food and Drug Administration usually collaborates with the company so that it issues a voluntary recall. It is worthy of note that the agency’s ability to force a mandatory recall is limited to food and controlled substances only. To announce a recall, the agency generally publishes a verbatim copy of the manufacturer’s statement without providing any additional context, as it did with Johnson & Johnson.
Therefore, the Food and Drug Administration followed the correct procedure when publishing the warning of Johnson & Johnson concerning the sunscreen’s benzene content. Still, this approach is very problematic, and the agency should take measures to expand its authority to warn consumers of the real dangers of a contaminated product. Otherwise, the health and safety of people nationwide will be at risk every time a situation like this happens with a tainted or defective product. Lastly, it is essential to note that Coppertone, another sunscreen manufacturer headquartered in New Jersey, more specifically in Whippany, also recalled five sunscreens for the same reason in the fall of 2021.
About the Author
Jonathan Sharp is the CFO at Environmental Litigation Group, P.C., a law firm headquartered in Birmingham, Alabama, specializing in toxic exposure.
