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.
206 thoughts onPlaintiffs Seek Cert. in SkinMedica Skin Cream Class Action Lawsuit
I have been using Skin Medica Age Defense for years. Please add me.
I have been using skin medica for few years , reading that there is a potential negative effect is alarming , they are quick to sell at a very expensive price however fail to disclose that there could be a problem
I’m worried
Please add me. Was using skinmedica tns essntial serum on hands left the skin red raised and angry
I was just searching regarding a shipment I received where the cream was a light brown color. Then I came upon the law suit. This is alarming as my dermatologist recommended this product and I have been using it for years. I have thus far survived ovarian cancer and do not need more cancer.
I have used this product in the past. Pretty alarming.
Please add me
I was sold the SkinMedica TNS cream
And I have burning and itchy bumps all over my face and chest
Please add me. I have used Skin medica. The tns was the one I used the longest. it never worked for my skin. Just kept it dry and red. Now I’m concerned.
Please add me. I have used Skin medica. The tns was the one I used the longest. it never worked for my skin. Just kept it dry and red. Now I’m concerned.
I too have used the serum and the age defence vitamin C&E cream twice . Omg so much burning and swollen eyes . The rash has been travelling over my face , down my neck onto my chest and even appears on my shoulders and arms!!! They were just samples as I had run out of my regular skinstitut cream. I am so sorry I didn’t wait . Instead I used skin medica and my skin is still itching red and now peeling!! It made me feel quite unwell . Never again this brand should be off the market!!!
Skinmedica dermal repair cream has just caused a severe redness, itchiness and swelling on my entire face. It also affected my eyes and chest. It has been 8 days and I can’t believe how red I look and itchy. The swelling thank gawd went down after the next day. They gave me TNS ceramide to try and help wth are they doing??? I have used HA5 for 3 years as well. This is sad to read
I have used Tns recovery complex, essential serum, eye cream, moisturizer, cleanser and dermal repair for at least 10 or more years with no problems that I’m aware of.