On May 11, the plaintiff consumers suing Allergan Inc. and SkinMedica Inc. asked a California federal court for Class certification. This Allergan SkinMedica class action lawsuit alleges the companies knowingly concealed the cancer risks associated with the use of their anti-aging creams, which are composed of human foreskin cells, cow blood, and other biomaterials.
Plaintiffs Josette Ruhnke and Cindy Verity asked a federal judge to grant them certification for a nationwide Class that would include all consumers who purchased products from SkinMedica’s Tissue Nutrient Solution line from March 2010 to present.
Additionally, the plaintiffs also reasserted before the California court that the SkinMedica skin cream products fall under the FDA’s definition of drugs and cosmetics. According to the Allergan SkinMedica cancer class action lawsuit: “These products require FDA approval to be on the market, and yet, they have never been FDA-approved. To make matters worse, defendants have not determined that these products are safe. Enough is enough,” the plaintiffs claim. This class action lawsuit also seeks an injunction against Allergan and SkinMedica in order to stop them from further “unlawful and deceptive marketing and sale” of their skin cream products.
Allergan and SkinMedica’s skin cream line is a mix of human growth factors and other biomaterials known as NouriCel MD, according to the skin cream cancer class action lawsuit. The plaintiffs allege that this mixture is a byproduct of artificial skin harvested from human foreskin tissue, an ingredient neither company disclosed to their consumers.
The proteins found in SkinMedica’s Tissue Nutrient Solution product line allegedly have the ability to start cell division and cause the growth of tumor cells, cancer, other biological abnormalities like hormonal issues allegedly caused by the inclusion of cow’s blood and other biomaterials included in the SkinMedica skin cream.
The plaintiffs claim that Allergan and its subsidiary SkinMedica should have discovered the cancer risks associated with their Tissue Nutrient Solution skin cream line during testing and research. The SkinMedica cancer class action lawsuit argues that the Tissue Nutrient Solution skin cream should be considered drugs under the FDA statutes because of the effects the product has on the skin. However, the SkinMedica skin cream’s status as a drug depends on whether or not Ruhnke and Verity can provide evidence that the defending companies intended their skin creams to have that effect.
According to the Allergan SkinMedica skin cream cancer class action lawsuit, “To this end, plaintiffs present a wealth of common evidence — marketing materials, research studies, packaging and labeling, corporate documents, and corporate testimony — all showing that TNS products are intended to affect the function or structure of the skin.”
Allergan and SkinMedica have already tried to dismiss this skin cream cancer class action lawsuit based on the plaintiffs’ argument concerning product’s arguable status as a drug. However, U.S. District Judge David O. Carter denied the defendants’ motion to dismiss the Allergan SkinMedica cancer class action lawsuit, finding that the Tissue Nutrient Solution skin creams could be considered drugs because of the growth factors.
The plaintiffs are represented by Lee M. Gordon and Steve W. Berman of Hagens Berman Sobol Shapiro LLP.
The Allergan SkinMedica Skin Cream Class Action Lawsuit is Josette Ruhnke v. SkinMedica Inc., et al., Case No. 8:14-cv-00420, in the U.S. District Court for the Central District of California.
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206 thoughts onPlaintiffs Seek Cert. in SkinMedica Skin Cream Class Action Lawsuit
Oh no!
I started using these products a few months ago, and I just ordered $500 worth of SkinMedica last night (wish I’d found this before).
Can you please add me to the list?
Please add me to the list.
Just started using it. Thought I would do some research and found this.
I have used them for about 7 years and I just recently discovered that I have had tumors growing in my cervical spine.
I was just barely over 30 back then and my previous dermatologist told me that these products would help my face and neck stay youthful.
What can I do?
The dermatologist’s PA, who suggested I begin using SkinMedica,
said that
1. the TNS Recovery Complex Serum
had the most “growth factors” per volume out of all of the SkinMedica TNS products,
or any other skincare lines using growth factors that he was aware of.
I was told to use it 2-3 times per day and follow with the TNS SkinMedica Dermal Repair face lotion and TNS Eye Repair after the serum was completely absorbed into the skin.
I believed that it was better to “prevent” and followed this regimen.
The containers lasted about 4-5 weeks before I had to buy more:
I cannot believe I spent over $52,000 to have this happen to me.
Please let me know if I can help in anyway.
He had no reason to give unethical medical advice; he never sold any products to me nor gained any benefit.
My skin is very fair and has never exposed to tanning and I do not spend any length of time outdoors.
He said that my youthful appearance could be maintained for many years and he believed it.
Please add me to your list.
I just started using it. Please add me to list. Have there been many cases?
Please add me to your list. I have been using Skin Medica/TNS for yrs.
I have used them for about 7 years and I just recently discovered that I have had tumors growing in my cervical spine.
I was just barely over 30 back then and my previous dermatologist told me that these products would help my face and neck stay youthful.
What can I do?
I have just started using this product in the last year and had no clue about this lawsuit or the potential dangers. Please add me to the list.
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