Makers of Proactiv, Clearasil, and Others Sued in Benzoyl Peroxide Acne Product Class Action
08 Mar 2024
Patent Infringement
Lab testing found numerous acne products formulated with benzoyl peroxide, including face washes, creams, and spot treatments, degrade to cancer-causing benzene under normal use and handling.
LOS ANGELES, March 8, 2024 /PRNewswire/ -- Wisner Baum filed multiple class actions alleging several companies sold benzoyl peroxide (BPO) acne products without warning consumers that they contain unsafe levels of benzene, a potent human carcinogen.
Class action attorneys Stephanie B. Sherman and R. Brent Wisner filed the complaints (Example Case: Howard et al. v. Alchemee, LLC and Taro Pharmaceutical USA, Inc., Case No. 2:24-cv-01834) on behalf of consumers who allege the following companies fraudulently marketed and sold acne face washes, creams, and other products when they knew or should have known that the products degrade to benzene:
Alchemee, LLC and Taro Pharmaceutical USA, Inc. (Proactiv BPO products)
CVS Pharmacy Inc. and CVS Health Corp. (CVS Health Acne Treatment Cream and CVS Health Acne Control Cleanser)
RB Health, LLC (Clearasil Rapid Rescue Spot Treatment Cream and Clearasil Stubborn Acne Control 5 in 1 Spot Treatment Cream)
Target Corp. (Up & Up BPO products)
Genomma Lab USA, Inc. (Asepxia Acne Spot Treatment Cream)
Walgreens Boots Alliance, Inc. (Daily Creamy Benzoyl Peroxide Acne Face Wash and Maximum Strength Acne Foaming Wash)
The class actions follow independent testing from Valisure, an independent accredited laboratory that uses validated analytical methods to test drugs and consumer products for safety. Valisure tested 99 BPO-formulated products and found that some yielded benzene at levels 800 times 2 ppm, the maximum amount allowed in any U.S. regulated drug. Some of the benzene levels were many times higher than 2 ppm, reaching as high as 1700 ppm for Proactiv's 2.5% BPO Cream and 1600 ppm for Target's Up & Up 2.5% BPO Cream. Valisure included its testing results in a Citizen's Petition to the FDA and demanded an immediate recall of all BPO products to protect public health.
According to the lawsuit allegations, the defendant companies continued to advertise and sell BPO products, ignoring the FDA safety alert on the dangers of benzene in consumer products and a directive to test products for benzene. The degradation of benzoyl peroxide to benzene was first reported in scientific literature in 1936, attorneys say, so the companies knew or should have known their products would degrade and form benzene. "These companies say their face washes and creams are safe, but they have no basis to make this claim because they aren't actually testing their products for basic safety," says attorney Stephanie Sherman. "Our clients never would have purchased these products had they known they were exposing themselves to a dangerous carcinogen."
About Wisner Baum
Los Angeles-based Wisner Baum has successfully litigated cases against many of the world's largest pharmaceutical companies. Since 1985, the firm has earned a reputation for breaking new legal ground, holding corporations accountable, influencing public policy, and raising public awareness on important safety issues. Across all practice areas, the firm has won over $4 billion in settlements and verdicts.
Media Contact: Robin McCall
Director of Public Relations Wisner Baum
[email protected]
SOURCE Wisner Baum
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