THE WHAT? A US federal judge has dismissed with prejudice a consolidated lawsuit against L’Oréal USA alleging that benzoyl peroxide acne products sold under its CeraVe and La Roche-Posay brands contained or could degrade to form benzene.
THE DETAILS The case concerned CeraVe Acne Foam Cream Cleanser, CeraVe Acne Foaming Cream Wash and La Roche-Posay Effaclar Duo Dual Acne Treatment. Consumers alleged that the products were misbranded and adulterated because of the presence or potential formation of benzene and brought claims including deceptive business practices, breach of implied warranty, negligent misrepresentation and unjust enrichment. The US District Court for the Southern District of New York found that L’Oréal complied with federal labelling requirements and that the FDA’s acne monograph permits benzoyl peroxide without requiring a benzene warning. The court also rejected the plaintiffs’ argument that federal law establishes a binding 2 ppm benzene limit for these products.
THE WHY? The ruling strengthens the position of cosmetics and OTC acne product manufacturers facing benzene-related consumer claims, with the court finding that the plaintiffs’ state-law labelling and adulteration claims were pre-empted by federal regulation. The case was dismissed with prejudice, meaning the plaintiffs were denied permission to amend the complaint.
Source: Pacer Monitor
