9th Cir. Reinstates Action Alleging Benzene in Banana Boat Sunscreen

SAN FRANCISCO – The 9th Circuit U.S. Court of Appeals has reinstated a putative class action alleging that Banana Boat sunscreen contains dangerous benzene levels, ruling that a California federal court resolved genuinely disputed questions of fact prematurely.

In an Oct. 1 opinion, the appellate panel ruled that the plaintiff adequately established an injury in fact for purposes of Article III, and genuine disputes of material fact rendered dismissal on standing grounds inappropriate.

Beth Bowen alleges that the Banana Boat Ultra Sport 100 sunscreen she bought contained benzene, a known carcinogen. She sued six companies, including Energizer Holdings Inc., Edgewell …