Plaintiffs Seek Cert. in SkinMedica Skin Cream Class Action Lawsuit

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.