Of the sunscreens with benzene, 14 contained more benzene than the Food and Drug Administration’s permissible limit (2 parts per million). The experts we work with believe there is no safe level of benzene exposure. The benzene was found in the spray sunscreen propellants, as opposed to the actual sunscreens. 12 of the 14 products that exceed 2 ppm were spray/aerosol sunscreens with the Neutrogena or CVS label. Two others products that contained benzene were after-sun gels made by Sun Bum and Fruit of the Earth.
Current Benzene Litigation
Our law firm currently represents individuals who have been diagnosed with blood and bone marrow cancers after years of exposure to benzene. In most of our cases, we represent tradespeople like mechanics, tanker truck drivers and pressmen who endured years of exposures to benzene-containing products like fuels, parts washers, solvents and inks.
Proof of Heavy Exposures
The type of work you were doing will be important. Workers who spent a great deal of time in the sun and regularly relied upon spray sunscreens will be plaintiffs. Anyone consistently applying spray sunscreen for years may have a case.
It will be necessary to show that you were brand-loyal when it came to sunscreen. Purchase receipts, photographs, and store loyalty histories may be needed to prove up your use of a particular manufacturer’s benzene-containing sunscreen.
And bear in mind, the spray sunscreens found to contain benzene arrived on the market in the 1990s. If your era of heavy sunscreen use was in the 1980’s, you won’t have a claim.
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Benzene Bio-Markers
Benzene exposures cause damage to certain genes. Individuals diagnosed with leukemia generally undergo genetic testing to determine which drug therapy is best. Leukemia patients with markers for benzene will have stronger claims against the sunscreen manufacturers. If you’ve been diagnosed with AML or MDS, ask your doctor if your cytogenetics or biopsy results show markers for damage attributable to benzene.
Other Factors
Here are a few additional factors that may disqualify or weaken a claim:
- If there is a family history of blood cancers;
- If you are or were a heavy smoker;
- If you were diagnosed many years ago;
- If you worked with or around any other products that contained benzene, such as solvents, degreasers, gasoline, and other petroleum-based products; or
- If you have known risk factors such as prior chemotherapy treatment, prior radiation exposure, have other blood disorders, or have certain genetic disorders.
Call 1-800-BENZENE Today to Learn More
We understand that the requirements listed above may seem unrealistic. Unfortunately, since these are novel claims, the initial lawsuits will need to be brought by plaintiffs with strong proofs. If you have a question about benzene as it relates to your leukemia or that of a loved one, call 1-800-BENZENE and speak with a lawyer today.
