Johnson & Johnson class action overview:
- Who: Plaintiffs Alan Montenegro and Melissa Medina filed a class action lawsuit against Johnson & Johnson over its benzoyl peroxide acne treatment drug products.
- Why: The duo claim the products tested positive for dangerous levels of benzene in 2023.
- Where: The Johnson & Johnson class action was filed in federal court in California.
Johnson & Johnson faces a class action lawsuit stating its benzoyl peroxide (BPO) acne treatment drug products contain dangerous levels of benzene.
In 2023, independent laboratory Valisure took a representative sample that showed the BPO products contained benzene levels many times higher than allowed in any regulated drug, the lawsuit claims.
Benzene is a human carcinogen that leads to increased risk of blood cancers and other adverse effects even when exposure is low, according to the class action.
The benzene comes from a degradation of the ingredients, the class action says. Johnson & Johnson uses benzoyl peroxide and other inactive ingredients to make acne creams, washes, scrubs and bars.
“BPO products should not have benzene, nor degrade into benzene, except under extraordinary circumstances,” the lawsuit says.
Valisure petitioned for recall of BPO products, class action says
Valisure filed a citizen’s petition with the U.S. Food and Drug Administration (FDA) on March 5, asking for the recall of all BPO products, according to the class action lawsuit. The petition is pending.
“Unexpectedly, researchers found that benzene was released into the surrounding air outside the products’ containers even when the packaging and containers were closed, raising concern for even more inhalation exposures — a particularly pernicious form of exposure to benzene,” the class action says.
Valisure’s testing showed benzene can form more than 800 times the FDA limit in BPO products, according to the lawsuit, which also says the products never noted benzene as an ingredient or risk to consumers.
In January, Johnson & Johnson agreed to pay $700 million to settle investigations from 42 states and the District of Columbia into whether the company misled customers with the marketing of its talc products.
Have you purchased benzoyl peroxide products from Johnson & Johnson? Let us know in the comments.
The plaintiff is represented by R. Brent Wisner and Stephanie B. Sherman of Wisner Baum LLP.
The Johnson & Johnson benzoyl peroxide benzene content class action lawsuit is Montenegro, et al. v. Johnson & Johnson Consumer Inc., et al., Case No. 2:24-cv-01895, in the U.S. District Court for the Central District of California Western Division.
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