MDL Sought for L’Oreal Class Action Lawsuits Over CeraVe, Other Benzoyl Peroxide Products Contaminated With Cancer-Causing Chemicals

The U.S. Judicial Panel on Multidistrict Litigation (JPML) will hear oral arguments later this month to decide whether to consolidate and centralize CeraVe class action lawsuits and other similar claims filed in recent months against L’Oreal, each involving allegations that popular benzoyl peroxide (BPO) acne treatments contained cancer-causing benzene chemicals.

At least a half-dozen putative class action lawsuits have been brought against L’Oreal since March 2024, when the independent testing laboratory Valisure released a report warning that benzene forms in benzoyl peroxide acne products, indicating that levels of the carcinogen found in CeraVe and other acne treatments are often hundreds of times higher than what is federally allowed.

Benzoyl peroxide (BPO) is an organic compound that is commonly used in many over-the-counter and prescription acne treatments made by L’Oreal and other companies, since it is known to kill acne-causing bacteria, reduce excess skin oil and prevent breakouts.

However, following the release of the Valisure report, concerns have emerged about serious health risks that may result from use of CeraVe, as well as other acne treatments sold by different companies, including ProActive, Clinique and various generic store brands.

Benzene is an industrial chemical that can also be formed as a byproduct of other compounds, and exposure is known to increase the risk of several serious forms of cancer and other life-threatening health conditions, including Acute Myeloid Leukemia (AML), Chronic Myelogenous Leukemia (CML), Acute Lymphocytic Leukemia (ALL), Chronic Lymphocytic Leukemia (CLL), Hairy Cell Leukemia (HCL), Non-Hodgkin’s Lymphoma, Multiple Myeloma, Myelodysplastic Syndrome (MDL), Myelofibrosis, Myeloid Metaplasia, Aplastic Anemia and Thrombocytopenic Purpura.

Benzoyl Peroxide MDL Petition

In August 2024 the U.S. JPML rejected a prior effort to combine lawsuits over benzoyl peroxide acne products into a single multidistrict litigation (MDL), which would have consolidated all of the cases under one judge for discovery and pretrial proceedings. However, the Panel determined that there were too many different products, companies and formulations involved in the litigation to justify creating a single MDL.

As a result, a group of plaintiffs filed a new Motion for Transfer (PDF) on November 26, asking that at least the L’Oreal class action lawsuits over CeraVe and other BPO products sold by that one manufacturer be consolidated, proposing that claims pending in U.S. District Courts nationwide be transferred to the District of Hawaii.

Plaintiffs indicate that establishing a separate L’Oreal MDL for CeraVe lawsuits and claims involving other products manufactured and sold by that one company should address the JPML’s earlier reservations.

“These actions are nearly identical with substantial overlap on issues of both law and fact. All of the cases name L’Oreal as the defendant. All of the cases base their claims on the benzene test results published in Valisure’s Citizen’s Petition and/or Plaintiffs’ own testing of their individual L’Oreal BPO Products,” the motion states. “All Plaintiffs rely on the same scientific foundation: that L’Oreal’s BPO Products contain benzene and/or degrade to form benzene at standardized temperature intervals that are likely to occur with common use.”

L’Oreal filed an opposition (PDF) to the request on December 26, 2024, indicating that it is not necessary to establish an MDL for the CeraVe class action lawsuits given the limited number of lawsuits, and lawyers involved in the litigation. Rather, the manufacturer indicates that the parties are “self-organizing” and a motion has already been filed to transfer individual cases to the U.S. District Court for the Southern District of New York.

“Movants falsely characterize the Parties’ self-organization efforts as being at a ‘stalemate’,” according to the response filed by L’Oreal. “They suggest that, without the Panel’s intervention, the six cases will proceed on separate tracks leading to inefficiencies and potentially inconsistent rulings. In reality, Movants are hoping to disrupt the pending [motions to transfer] and avoid transferring the remaining cases to the Southern District of New York.”

However, plaintiffs pointed out in their original motion that several of L’Oreal’s attempts to individually transfer claims to New York have already been denied, based on the “first filed” rule, which will result in at least two of the claims remaining in Hawaii, where U.S. District Judge Micah Smith is already presiding over the claims and facilitating their “expeditious litigation”.

L’Oreal is already part of another MDL in northern Illinois, as one of several companies facing nearly 10,000 hair relaxer cancer lawsuits alleging that the toxic ingredients in hair straightening products caused women to develop uterine cancer, endometrial cancer, ovarian cancer and other injuries.

The JPML has scheduled (PDF) oral arguments for the motion to centralize the L’Oreal benzoyl peroxide lawsuits for a hearing set for January 30, 2025, at the Wilkie D. Ferguson, Jr. U.S. Courthouse, in Miami, Florida.