Target Can’t Shake Acne Products Benzene Contamination Lawsuit

Target Corp. failed to convince a federal judge to toss a proposed class action alleging its Up&Up acne treatment products contain high levels of the carcinogen benzene.

The US District Court for the District of Minnesota allowed most of the consumers’ consolidated claims to proceed Tuesday and rejected Target’s argument that federal drug labeling regulations preempted their claims. Judge Eric C. Tostrud allowed consumer protection, false advertising, and implied warranty claims to survive, but dismissed negligent misrepresentation and negligent omission claims.

The consumers alleged Up&Up acne products containing benzoyl peroxide contain benzene, a carcinogen that has been linked to blood ...