Most of us know to use sunscreen and sunblock before venturing out into the hot Florida sun, but in a painful twist of fate, the sunscreen many people are using is causing burn injuries, not preventing them.
If you have used a defective sunscreen or applied it to your child and subsequently suffered injury, you may have grounds to file a product liability claim against the manufacturer. Companies that cut corners and take risks with product safety should be held accountable for the harm they cause, and at Lytal, Reiter, Smith, Ivey & Fronrath, we take corporate duty of care seriously.
Our Florida product liability lawyers can explain your legal options in a free consultation. Contact us today to learn more.
Recent recalls of sunscreen products
Sunscreen infested with mold
On May 24, 2024, Suntegrity Skincare voluntarily recalled nine lots of its Impeccable Skin Sunscreen Foundation after detecting higher-than-acceptable levels of the mold Aspergillus sydowii in some tubes from Lot 115BU.
This mold can potentially cause allergic skin reactions, fungal infections if applied to open wounds or sunburned skin, and eye infections if introduced into the eye. At the time of the recall, no adverse events had been reported.
The affected products were distributed online and through retail stores nationwide. Consumers are advised to check the lot numbers on their products and discontinue use if they match the recalled lots. For refunds or exchanges, customers should contact Suntegrity Skincare directly.
2023 – Banana Boat Hair & Scalp Sunscreen
In January 2023, Edgewell Personal Care expanded its voluntary recall of Banana Boat Hair & Scalp Sunscreen Spray SPF 30 to include an additional batch following the initial recall in July 2022. This action was taken after internal reviews detected trace amounts of benzene, a known carcinogen, in the product’s propellant.
Exposure to benzene can occur through inhalation, ingestion, or skin contact and may result in serious health consequences, including leukemia and other blood disorders.
Potential health risks associated with contaminated sunscreens
Exposure to contaminants like benzene, a known carcinogen, can lead to serious health issues, including leukemia and other blood disorders. Mold contamination, such as Aspergillus sydowii, may cause allergic reactions, skin infections, or respiratory problems, especially in immunocompromised individuals. Recognizing these risks underscores the importance of addressing any adverse effects promptly.
Consumer rights and manufacturer responsibilities
As a consumer, you have the right to expect safe products. Manufacturers are legally obligated to ensure their products are defect-free and provide adequate warnings about potential risks. Understanding these rights and responsibilities can empower you to take appropriate action if harmed.
Understanding product liability lawsuits
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. In Florida, these claims can be based on negligence, strict liability, or breach of warranty.
Negligence involves a failure to exercise reasonable care in the product’s design or manufacture. Strict liability holds manufacturers responsible for defects, regardless of fault or intent. Breach of warranty occurs when a product fails to meet the terms of its express or implied assurances. Understanding these legal bases is crucial for pursuing a claim.
(H4) Statute of limitations for filing claims
In Florida, the statute of limitations for product liability claims is generally four years from the date the injury occurred or was discovered. For wrongful death claims, this period is reduced to two years. It’s essential to act within these time frames to preserve your right to seek compensation.
What should I do if I’ve been harmed by toxic sunscreen?
Your health comes first. If you suffered burns, developed cancer, or suffered other harm due to contaminated sunscreen, there are several steps you should take to protect your rights:
- Seek medical attention as soon as you can. The earlier a medical professional intervenes, the better your chances of recovery
- Keep the product and its packaging, and any warning instructions that accompanied it
- Keep your receipt, or provide proof of purchase for the product
- Take photos of the product, your injuries, and the location where the injury happened
- Keep your medical records from your doctor visit(s)
- Report the incident to the Consumer Product Safety Commission
Finally, remember to contact an experienced product liability lawyer. They can help you determine your next steps, from joining a class-action lawsuit to filing an independent suit.
Harmed by defective sunscreen? We can help.
Severe burns, cancer, lung damage, and even the fear and worry about being exposed to a deadly carcinogen can take a toll on your life, cost tens of thousands of dollars in medical expenses, and impact your ability to work, go to school, or care for your family.
Our Florida product liability attorneys can review your situation and determine your best course of legal action. We develop a personal injury claim on your behalf, evaluate your case value, and explain your legal options, such as participating in a class-action or mass tort lawsuit or filing your own suit for compensatory damages. Our firm handles all the legal matters necessary to advance your claim. Please contact us at (561) 655-1990 for a free c
