CeraVe, Panoxyl Parent Companies Sued Over Benzene in Products

L’Oreal USA Inc. and Crown Laboratories Inc., the parent companies of skincare brands CeraVe and PanOxyl, were hit with nearly identical consumer lawsuits alleging they failed to disclose or adequately warn customers of benzene in certain acne products.

The complaints allege the benzoyl peroxide products are considered adulterated under state laws because they contain dangerously high levels of benzene possibly as a result of product degradation.

The complaint against L’Oreal was filed March 22 in the US District Court for the Southern District of Florida, while the one against Crown Laboratories was filed in the Western District of Missouri on Monday by Missouri and Louisiana consumers. The companies didn’t immediately respond to requests for comment.

Both complaints allege the consumers were alerted to the presence of benzene in their benzoyl peroxide products after Valisure LLC, an independent laboratory not affiliated with the US Food and Drug Administration, submitted a citizen petition on March 5 asking the agency for a recall of benzoyl peroxide products. The lab’s benzene testing has been a driver for similar product liability suits over other cosmetic products including sunscreens and dry shampoos.

Benzene exposure is linked to an increased risk of leukemia and other blood cancers. Recently, some dermatologists have recommended refrigerating acne products to minimize benzene exposure from benzoyl peroxide products.

The benzoyl peroxide consumers all accuse the skincare brands of failing to disclose the presence of benzene on the product labels and failing to voluntarily recall the products. The products in their complaints respectively include CeraVe’s 4% and 10% benzoyl peroxide foaming cleansers and PanOxyl’s 4% and 10% foam cleansers.

The consumers say the presence of benzene renders the products adulterated and illegal to sell because the FDA limits benzene presence to two parts per million in drug products.

Kenvue Inc., a former business unit of Johnson & Johnson Inc., is facing a similar suit in California over alleged benzene in its Neutrogena products.

The L’Oreal plaintiff is represented by Kopelowitz Ostrow PA. The Crown Laboratories plaintiffs are represented by Wagstaff & Cartmell.

The cases are Abednego v. L’Oreal USA, Inc., S.D. Fla., No. 9:24-cv-80351, complaint filed 3/22/24 and Flores v. Crown Laboratories Inc., W.D. Mo., No. 4:24-cv-00211, complaint filed 3/25/24.