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 also been using TNS products recommended by my dermatologist and have loved the results but do not like what I’m reading. Please add my name to the list.
I use these products, believing I was using the best product available. I have had cancer cells on my nose and wonder if I should be concerned. Please add me to the list and please keep me posted.
I’ve been using the TNS serum for years. Sometimes, I have to give my skin a boreal from it because it causes my skin to break out in little bumps. I was advice to take little breaks but my dermatologist never told me about what it’s made off.
Please add me.
I have been using TNS growth factors for 4 years.
Add me to the list!
I have been using skinmedica retinol complex as recommended by my aesthetician for quite a few years. This is scary and to never have been told anything about the risks is alarming. Please add me to the list. I have several places that have developed on my face that I will definitely be checking on.
I also have been using these products for years. How can there not be public knowledge? So many users. Please add me to list.
My mother and I have been using TNS essential serum and other SkinMedica products for years. I am quite worried as I am a cancer survivor and do not want to do anything to put me a greater risk.
Please advise what we need to do to be added to the list.
Please add me to the list my mother and I have been using it
I have used TNS essential serum and now , advanced essential serum for years . Please add me to the list .