Target facing lawsuit over acne products that could contain carcinogens

Several Target products are coming under fire in a class action lawsuit that alleges they are misleading as the labels fail to identify a potential carcinogen in the ingredients.

The products are Target’s Up&Up-branded benzoyl peroxide acne treatment products, which the plaintiffs in the lawsuit say degrade into unsafe levels of benzene — a known human carcinogen.

A California woman and a Nebraska man are named as plaintiffs in the April 12 lawsuit, which goes on to say they would not have purchased the Up&Up benzoyl peroxide treatment products if they had known about the potential potent exposures to benzene.

The lawsuit cites a study from the American Cancer Society, which concludes that benzene has been linked with acute lymphocytic leukemia, chronic lymphocytic leukemia, multiple myeloma, and non-Hodgkin lymphoma. Additionally, the Centers for Disease Control and Prevention (CDC) noted “target organs” affected by human exposure to benzene, which includes eyes, skin, the respiratory system, blood, central nervous system, and bone marrow.

According to a 2010 study cited in the class action, there is no safe level of benzene and all exposure is considered a risk.

Valisure LLC, an independent laboratory that examines consumer products, filed a citizen petition with the Food and Drug Administration (FDA) in March, which noted that the laboratory had found high levels of benzene in several benzoyl peroxide products, including Target’s Up&Up product.

Valisure then asked the FDA to recall and halt the sales of all products containing benzoyl peroxide, including Target’s products, according to court records.

The lawsuit adds that Valisure’s research shows that products containing benzoyl peroxide can decompose under normal use to form benzene, making them different from the advertised product.

Court records indicate that during a market sweep of products containing benzoyl peroxide, Valisure’s research showed that across the market, benzoyl peroxide products can form over 800 times the “conditionally restricted FDA concentration limit of two parts per million (ppm) for benzene.” After incubating the Up&Up benzoyl peroxide product to normal consumer temperature, Valisure found benzene up to about 1600 ppm.

The lawsuit adds that the plaintiffs and other members of the class action bought the products with the expectation that they were safe and free of carcinogens.

The plaintiffs are asking for $5 million and an order preventing Target from continuing to make the product, according to the lawsuit.

5 EYEWITNESS NEWS has reached out to Target for a response and will update accordingly.