A major retail corporation is facing a class-action lawsuit over allegations that it sold a potentially cancer-causing product. Plaintiffs Miriam Birdsong and Cheryl Mikel filed the complaint against Walgreens Inc. in the United States District Court for the Northern District of Illinois on September 4, 2024.
The lawsuit claims that Walgreens sold generic store-brand Mucinex containing benzene, a chemical linked to serious health issues such as leukemia and lymphoma. The plaintiffs allege that from May 2024 to August 2024, consumers purchased this contaminated product without any warning about its potential dangers. According to the filing, "Benzene is a colorless, flammable liquid that has been used to make plastics, synthetic fibers, household cleaners, gasoline and rubber," but it is also known to cause harmful effects on bone marrow and decrease red blood cells leading to anemia.
The plaintiffs argue that Walgreens failed to inform consumers about the presence of benzene in their products through labels or any other form of communication. The complaint states: "Defendant didn’t notify Plaintiffs, and similarly situated consumers, of the Product’s risk of Benzene through the product labels, instructions, ingredients list, other packaging, advertising, or in any other manner." This omission allegedly violates state and federal laws designed to protect consumer safety.
In response to these allegations, Birdsong and Mikel are seeking damages for themselves and others who purchased the tainted product. They claim they would not have bought the generic Mucinex had they known about its contamination with benzene. The plaintiffs are asking for compensatory damages as well as equitable remedies such as restitution and injunctive relief. They also demand punitive damages due to what they describe as Walgreens' "unconscionable" conduct.
The legal team representing Birdsong and Mikel includes Roy T. Willey IV and Paul Doolittle from Poulin | Willey | Anastopoulo LLC. The case is being presided over by Judge [Name] under Case No.: 1:24-cv-7994.