Held Files Complaint Against Kroger Co. Alleging Benzophenone in Sunscreen

Our client Anthony E. Held, Ph.D, P.E. has filed a complaint in Marin County Superior Court against Kroger Co., alleging that the company violated Proposition 65 by selling sunscreen containing the chemical benzophenone without the requisite health hazard warning.  Benzophenone is a chemical known to the State of California to cause cancer, and companies offering products for sale that contain benzophenone must provide consumers with a “clear and reasonable” warning of the risks of exposure.

In addition to civil penalties, Dr. Held seeks an injunction prohibiting Kroger from continuing to sell the product in California without a Proposition 65 warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.