In a recent Southern California Record article, Abbie Eliasberg Fuchs and Dan Strecker from Harris Beach’s nationally ranked Tier 1 Mass Torts and Industry-Wide Litigation Practice Group discussed defenses to lawsuits against manufacturers and suppliers of benzoyl peroxide acne products.

The suits were filed in response to a report by Valisure that claimed to have found “unacceptably high” levels of benzene, a carcinogen, after testing over-the-counter and prescription acne products.

Abbie and Dan weighed in on defenses to the litigation and pointed out that some of Valisure’s assertions were not repeated in the lab’s subsequent peer-reviewed article and warrant skepticism. They went on to say, “Valisure espouses theories about benzene risk that are championed by experts with deep connections to the plaintiff benzene litigation bar, and Valisure cites those experts for support.”

Abbie and Dan also pointed out that an opinion piece and peer-reviewed study in the Journal of Academic Dermatology published in response to Valisure’s report indicate the benzene content in these products, if any, is not significant from a health and safety perspective, and that clinicians should not stop prescribing these products, according to the article.

“Parties defending this litigation may argue that plaintiffs cannot show the products they used actually contained benzene, or benzene at an unsafe level,” they said, adding that courts have accepted such arguments in other consumer products litigation.

Abbie and Dan are members of Harris Beach’s Best Lawyers® (formerly U.S. News & World Report – Best Lawyers®) nationally ranked Tier 1 Mass Torts and Industry-Wide Litigation Practice Group and the Product Liability and Comprehensive General Liability Practice Group.

Click here to read the full article.