Plaintiffs Wioletta Smoter and Joanna Taraszka have filed a class action complaint against The Mentholatum Company, Inc., alleging that the company's OXY® Advanced Care™ Rapid Spot Treatment and OXY® Advanced Care™ Soothing Cream Acne Cleanser contain benzene, a known carcinogen. The complaint was filed on May 20, 2024, in the United States District Court for the Northern District of Illinois.
According to the complaint, Smoter and Taraszka claim that they purchased the acne treatment products based on Mentholatum's representations that they were safe and effective. However, they allege that the active ingredient benzoyl peroxide (BPO) in these products degrades over time into benzene. Benzene is classified by the Food and Drug Administration (FDA) as a "Class 1 solvent" which should not be used in drug substances due to its unacceptable toxicity unless it is unavoidable for significant therapeutic advancement. Plaintiffs argue that BPO does not constitute such an advancement and thus any significant detection of benzene should be deemed unacceptable.
The plaintiffs accuse Mentholatum of failing to disclose this hazard to consumers while marketing their products as safe. They assert that had they known about the presence or risk of benzene, they would not have purchased the products or would have paid less for them. The complaint further alleges that Mentholatum's actions violate both federal and state laws, including FDA Current Good Manufacturing Practices (CGMPs), which require drug manufacturers to ensure their products' identity, strength, quality, and purity.
In support of their claims, Smoter and Taraszka cite testing conducted by Valisure LLC, an analytical laboratory known for its rigorous testing of healthcare products. Valisure's study found that BPO-containing acne treatments are unstable and can generate high levels of benzene when exposed to elevated temperatures. Specifically, Valisure detected benzene levels far exceeding FDA limits in some BPO products, including those sold by Mentholatum.
The plaintiffs seek various forms of relief from the court including compensatory and punitive damages for themselves and other similarly situated consumers who purchased the affected OXY® products. They also request certification of their lawsuit as a class action to represent all individuals who bought these products across the United States.
Representing Smoter and Taraszka are attorneys Martin W. Jaszczuk and Margaret M. Schuchardt from Jaszczuk P.C., along with Matthew Peterson from Consumer Law Advocate PLLC. The case has been assigned Civil Action Case No.: 1:24-cv-04155.