Abraham Jewett  |  November 18, 2021

Category: Legal News

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otrimin tinactin bayer benzene class action-1
(Photo Credit: Sundry Photography/Shutterstock)

Lotrimin, Tinactin Benzene Class Action Lawsuit Overview: 

  • Who: Juan Huertas and Eva Mistretta filed a class action lawsuit against Bayer U.S. LLC. 
  • Why: Huerta and Mistretta claim Bayer manufactures and distributes Tinactin and Lotrimin antifungal sprays that contain benzene, a known human carcinogen.
  • Where: The class action lawsuit was filed in New Jersey federal court.

Tinactin and Lotrimin antifungal products, made and sold by Bayer, contained high levels of the cancer-causing chemical benzene, a new class action lawsuit alleges. 

Lead plaintiffs Juan Huertas and Eva Mistretta claim the antifungal sprays are adulterated and misbranded due to the presence of benzene, which they say has been linked to cancers such as leukemia. 

Huertas and Mistretta want to represent a nationwide Class and New York subclass of consumers who purchased any of the affected Lotrimin or Tinactin antifungal products. 

Tinactin, Lotrimin Purchasers Say No Warning of Benzene Contamination, Says Class Action

Huertas says he purchased a canister of Lotrimin Antifungal Athlete’s Foot Deodorant Powder Spray he later found contained benzene, following a nationwide recall.

Huertas claims he never personally received notice of the recall from Bayer and that, upon purchase, labels and disclosures on the product’s packaging indicated that it was “properly manufactured, free from defects, safe for its intended use, and the brand name equivalent of uncontaminated Clotrimazole.” 

Mistretta, meanwhile, claims she purchased a canister of Tinactin Athlete’s Foot Liquid Spray that she later found out contained benzene.

Mistretta argues she would not have purchased the product had she known it was “properly manufactured” or “free from defects.” 

Huertas and Mistretta claim Bayer is guilty of breach of express warranty, implied warranty, fraud, unjust enrichment, and is in violation of New York General Business Law

Huertas and Mistretta are demanding a jury trial and asking for an order of restitution along with compensatory, statutory, and punitive damages for themselves and all Class Members. 

A similar class action lawsuit was filed against Suave earlier this month by a consumer who alleges the company sold antiperspirant spray contaminated with benzene

A number of hand sanitizers have also allegedly been found to contain benzene. In March, Valisure, an independent analytical pharmacy, petitioned the Food and Drug Administration to take action against the alleged contamination.

Have you purchased Tinactin or Lotrimin products that you later found were contaminated with benzene? Let us know in the comments! 

The plaintiffs are represented by Andrew J. Obergfell, Max S. Roberts, and Yeremey O. Krivoshey of Bursor & Fisher, P.A. 

The Bayer Lotrimin Tinactin Benzene Class Action Lawsuit is Huertas, et al. v. Bayer U.S. LLC, Case No. 2:21-cv-20021, in the U.S. District Court for the District of New Jersey.


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24 thoughts onLotrimin, Tinactin Antifungal Products Containing Benzene Sold by Bayer, Says Class Action

  1. Harold Rich says:

    add me. I still have my can and proof of purchace via amazon.

  2. Pedro Cazares torres says:

    Yo use en varias ocasiones este producto
    Y noté reacciones adversas

  3. Melissa S says:

    Please add me

  4. Angela Jones says:

    add me

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