FOLLOW US

The complaint argued that the companies violated federal cGMP standards and, by extension, state laws that purportedly require compliance with such standards. But the court said the allegations were too conclusory and lacked specific connections.

Citing similar benzene-related rulings from California federal courts, Judge Castner said the plaintiffs’ reasoning was “missing a step” and “circular.” She noted that some of the state statutes referenced in the complaint bar the sale of adulterated drugs but do not explicitly incorporate federal cGMP requirements.

As a result, the judge dismissed many of the state law claims but granted the plaintiffs leave to amend them.

The court also denied the plaintiffs’ request for injunctive relief that would have required the companies to stop selling the products and conduct corrective advertising. Judge Castner reasoned that because the plaintiffs are now aware of the alleged defect, they are unlikely to purchase the products again and therefore cannot show a real and immediate threat of future harm.

The Case

The plaintiffs are represented by attorneys from Bursor & Fisher PA, Milberg Coleman Bryson Phillips Grossman PLLC and Wisner Baum. Johnson & Johnson Consumer Inc. and Kenvue Inc. are represented by DLA Piper.

The case, In re: Benzoyl Peroxide Marketing, Sales Practices and Products Liability Litigation, No. 3:24-cv-04109, is pending before Judge Castner in the District of New Jersey.