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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
202 thoughts onPlaintiffs Seek Cert. in SkinMedica Skin Cream Class Action Lawsuit
Used TNS for 5 years up to the present. Developed malignant melanoma last year, with no history of skin cancer in my family. I am now left with a nine inch scar from the surgical removal of my melanoma.
I have used TNS for 2 years off and on. I was advised by my skincare specialist to purchase another one and continue using. I do not want to put this product on my skin after reading this. Please put me on the list.
I used the TNS faithfully for 2 years back in 2010-2012. A SkinMedica Rep. Was a friend though my husband’s work. It was expensive but she said it was one of the best products for aging skin. She even told me that it had foreskin in the product, we joked and called it “penis cream” sick I know, never did I think it could cause cancer. I’m so sorry to those who now have scars, mental & physical because of this product. Utter malice. Put me on the list please
Thak you for informing the public of the results of using TNS products. I have use only two bottles thus far, until today.
I’m done add me to your list.
Thank you!!!
User TNS Serum for 3 years. Not out in the sun and always use sunscreen. Got two and now possibly three Basal cells. Came up fast. Face is cut up and I’m devastated. I can’t believe this product is allowed on the market.
I started using this last year and have had inflamed skin and broken blood vessels. I stopped using the product. the broken blood vessels did not go away.
I started using skin medica TNS Ceramide treatment cream after C02 lazer around 2010 & using samples of SkinMedica TNS also purchased in 2023 TNS Recovery Complex, . June 2022 I thought I had a cyst in corner of left eye at bridge of nose skin was getting darker & flakey . I had biopsy Jan 2023 results Basal cell carcinoma nodular type involving deep resection margin
Omg I’m stopping the use of this product. Disgusting. Please add me to the list.
I had NO idea of any of this. I had moes surgery on my nose a few yrs ago……and now am going in to have it done on my cheek. I am an avid wearer of sun screen and am horrified as I have used this product for several yrs now. Again, NO idea….
Please add me to the list. I’m stopping this product immediately.
I used TNS for years. Am shocked to learn about these issues! I just had Mohs surgery to remove a squamous cell from my nose. I am extremely cautious of sun on my face and spend hundreds of dollars per year on SPF products. Wear hats religiously.
Please add me to your list
Please add me to the list. I started using this in November of 2022. I have had some skin irritations from it. I had no idea about this until I saw this information online. NOWHERE does it show what they used for this product.
Please add me to the list. I started using the new TNS cream in 2021 and developed pre squamous cancer on my face in 2022 where it was applied. Never had anything before.
I used TNS for years. Am shocked to learn about these issues! I just had Mohs surgery to remove a squamous cell from my nose. I am extremely cautious of sun on my face and spend hundreds of dollars per year on SPF products. Wear hats religiously.
Please add me to your list