2024 Target Lawsuit Says Up & Up Acne Treatments Contain Undisclosed Carcinogen Benzene

Target Corporation faces a new proposed class action lawsuit that alleges certain benzoyl peroxide acne treatment products sold by the mega retailer contain unsafe levels of benzene, a known human carcinogen.

The 45-page Target lawsuit says that the retailer’s benzoyl peroxide-containing Up & Up acne creams, washes, scrubs and bars, including its Maximum Strength Acne Medication and Acne Spot Treatment, not only contain elevated levels of benzene but are at risk of degrading further into the dangerous carcinogen during normal use, handling and storage.

The apparent propensity of the Target acne treatments to “decompose[]” into benzene—a widely used industrial chemical found in everything from crude oil and gasoline to cigarette smoke—renders them “materially different than advertised,” the complaint charges. The case contends that Target has misled the public by warranting that its acne products contained only the ingredients listed on their labels and were not contaminated with benzene, for which there is no safe level of exposure.

“Defendant misled Plaintiff, the Class, the Subclasses, and the public by giving the [benzoyl peroxide acne treatment products] long expiration dates of 2-3 years, affirming to consumers that [the products] were safe for use for years when [Target] knew or should have known the [products] degraded much sooner to benzene,” the proposed class action lawsuit, filed on March 7 in California federal court, specifies.

The filing emphasizes that if benzene is found in any Target acne product, the item is adulterated by law and thus illegal to sell, and the manufacturer is obligated to contact the U.S. Food and Drug Administration (FDA) to initiate a voluntary recall.

Per the suit, consumers have been harmed financially given that they bought from Target products that “they otherwise would have never purchased” had they known they contained excessive levels of benzene. Further, buyers have been harmed physically as a result of “being exposed to a known human carcinogen,” the lawsuit appends.

Lab testing shows Target acne products emit harmful benzene, even when packaging is closed

The complaint relays that Valisure, an independent, accredited analytical laboratory, tested 175 prescription and over-the-counter benzoyl peroxide acne treatments in 2023 and found that Target’s benzoyl peroxide-containing products and similar items had levels of benzene “many multiple times higher than allowed in any regulated drug.” In particular, Valisure tested for benzene released into the air around certain benzoyl peroxide acne products, which during testing were “incubated to temperatures common during consumer use, handling, and storage,” the case shares.

According to the lawsuit, levels of benzene as high as 1,600 parts per million (ppm) were found in common benzoyl peroxide acne treatments, yet researchers “[u]nexpectedly” found that the chemical was released into the surrounding air “even when the [products’] packaging was closed,” raising the alarm about possible inhalation exposure.

In the wake of the testing, Valisure filed on March 5, 2024, an FDA Citizen’s Petition in which it demanded that Target recall its benzoyl peroxide acne treatments immediately, the case states.

The case goes on to mention that the high levels of benzene found in Valisure’s tests led the lab to perform a “stability study” on a litany of benzoyl peroxide acne products and formulations. The results showed that certain items can form more than 800 times the FDA’s 2 ppm concentration limit for benzene, and evidence presents that “this problem applies broadly to [benzoyl peroxide products] currently on the market,” the filing relays.

“Valisure concluded that on-market [benzoyl peroxide acne products] appear to be fundamentally unstable and form unacceptably high levels of benzene when handled or stored at temperatures the Products will be exposed to during expected use and handling by consumers,” the lawsuit summarizes.

Ultimately, the proposed class action claims Target knew, or should have known, that its “unstable” benzoyl peroxide acne creams, washes, scrubs and bars contain and/or degrade into the carcinogen when used, stored and handled as intended.

The lawsuit highlights that Valisure’s analysis in 2021 of hundreds of sunscreens revealed that products such as Johnson & Johnson’s Aveeno and Neutrogena sunscreen lines, both of which are sold by Target, were “the most contaminated with benzene” and were recalled. Similarly, CVS’s private-label after-sun care items were also found to be “highly contaminated” with the chemical, all of which is to say that Target, according to the lawsuit, was well on notice by 2021 that myriad products on its and its competitors’ shelves were illegally adulterated with benzene.

“[Target] never listed benzene among the ingredients, or anywhere on the Products’ labels, containers, advertising or on [its] websites,” the suit reads. “Defendant warned no one the Products had benzene or were at risk of benzene contamination.”

The case goes so far as to accuse Target of ignoring the FDA’s 2022 benzene alert, which warned of the risk of benzene contamination in certain drug products and drug components and reminded manufacturers of their obligation to test their products.

Who’s covered by the Target acne products lawsuit?

The proposed class action looks to cover all consumers nationwide who bought any benzoyl peroxide acne treatment products sold by Target.

I have bought benzoyl peroxide acne products from Target. Do I qualify?

There is typically nothing a consumer needs to do to join, sign up for, or add their name to a proposed class action lawsuit when it is initially filed. It’s usually only in the event of a class action settlement that the “class members” covered by the case need to act, generally by filling out and filing a claim form online or by mail.

ClassAction.org will update this page with any major developments in the Target acne products lawsuit, or if the case settles, so be sure to check back often.

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