Acne Treatment Lawsuit Says Certain Proactiv Benzoyl Peroxide Products Contain Carcinogen Benzene
Judt v. Alchemee, LLC et al.
Filed: April 10, 2024 ◆§ 7:24-cv-02718
Proactiv products are at the center of a class action that claims some of the acne treatments contain and/or degrade into benzene, a human carcinogen.
New York
Proactiv skin care products are at the center of a proposed class action lawsuit that claims some of the acne treatments contain and/or degrade into dangerous levels of benzene, a human carcinogen.
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The 24-page acne treatment lawsuit alleges manufacturers Alchemee and parent company Taro Pharmaceuticals U.S.A. have failed to warn consumers that Proactiv products that contain benzoyl peroxide (BPO) are potentially contaminated by benzene, a cancer-causing substance produced naturally as benzoyl peroxide degrades. The Proactiv lawsuit alleges the items are misbranded and illegal to sell under federal law given that the companies have sold the acne treatments to consumers without disclosing the benzene contamination risk on product packaging.
The case follows in the wake of several other acne treatment lawsuits filed after recent testing by independent laboratory Valisure detected unsafe levels of benzene in multiple products containing benzoyl peroxide across numerous brands. Per the complaint, the results showed that the Proactiv products at issue, in particular, contained “dangerous” levels of benzene, well over 2 parts per million (ppm), the U.S. Food and Drug Administration’s (FDA) maximum concentration limit.
“In fact, [the defendants’] Proactiv labeled BPO products consistently topped the charts for benzene levels over 2 ppm, including Proactiv’s 2.5% BPO Cream which reached as high as 1700 ppm,” the filing relays.
The lawsuit points out that the FDA issued a statement in December 2022 warning pharmaceutical manufacturers that “any drug product containing more than 2 ppm benzene was adulterated and should be recalled.”
According to the case, the benzoyl peroxide-containing Proactiv products at issue include, at least:
- Proactiv+ 3-Step Routine;
- Proactiv+ Skin Smoothing Exfoliator;
- Proactiv Solution Repairing Treatment;
- Proactiv Solution Renewing Cleanser;
- Proactiv Solution 3-Step Routine; and
- Proactiv+ Pore Targeting Treatment.
The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page for personal or household use within the applicable statute of limitations period.
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