Rugby Benzoyl Peroxide Acne Medication Contains Undisclosed Carcinogen, Class Action Lawsuit Alleges

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A proposed class action lawsuit alleges Rugby Laboratories’ Benzoyl Peroxide Wash USP 10% is unsafe to use because it contains a significant amount of an undisclosed carcinogen known as benzene.

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The 34-page lawsuit claims the Harvard Drug Group, which does business as Rugby Laboratories, is well aware that the acne medication’s active ingredient, benzoyl peroxide, degrades into benzene when exposed to heat over time. Indeed, independent testing has confirmed that the product contains benzene at levels that “vastly exceed” two parts per million, which is the level at which the United States Food and Drug Administration (FDA) says a recall is necessary, the filing contends.

“The health hazards of benzene have been recognized for over one hundred years,” the complaint says, noting that exposure to the substance has been linked to leukemia and other blood cancers. Despite these risks, Rugby Laboratories has “knowingly, recklessly, or at least negligently” sold its contaminated acne wash without warning consumers about the presence of benzene or listing the carcinogen on product labels, the Rugby acne medication lawsuit alleges.

The levels of benzene in the Rugby acne medication render the product “adulterated, misbranded, and illegal to sell” under state and federal law, the case claims.

Per the complaint, the defendant’s omissions and misrepresentations regarding the presence of benzene in its acne treatment have deceived consumers, who are unable to independently verify whether products contain unsafe substances and must rely on companies to make truthful disclosures on their product labels.

The plaintiff, a New York resident who was prescribed the Rugby benzoyl peroxide wash earlier this year, says he would not have purchased and used the product had he known the active ingredient degraded to form benzene.

The lawsuit looks to represent anyone who purchased Rugby Laboratories’ Benzoyl Peroxide Wash USP 10% in New York for personal, family or household use during the applicable statute of limitations period.

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