Acne Medication Makers Defeat Benzene Adulteration Class Actions

Alchemee LLC, CVS Pharmacy Inc., and RB Health US LLC defeated class actions alleging they failed to warn customers their products contain an ingredient than can degrade into the carcinogen benzene.

The consumers’ theory is “essentially an attack” on the US Food and Drug Administration’s determination that over-the-counter drugs with benzoyl peroxide are safe, effective, and not misbranded if the products comply with their monograph, the US District Court for the Central District of California said Thursday. The consumers’ claims were preempted by the Federal Food, Drug, and Cosmetics Act, and Judge Stanley Blumenfeld Jr. dismissed the class actions with ...