Class Action Lawsuit Filed Over Benzene in Lotramin, Tinactin Spray Products

Bayer illegally left Lotramin and Tinactin foot sprays on store shelves for months, even after knowing they were contaminated with benzene, the class action lawsuit claims.

The makers of two popular antifungal foot sprays face a class action lawsuit brought on behalf of consumers, who indicate they should have been warned that the products contained benzene, which led to a Lotramin and Tinactin recall in 2021.

The complaint (PDF) was filed by plaintiffs Darrell Stewart, Christopher Cadorette, Juan Huertas Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal and Jeremy Wyant in the U.S. District Court for the Northern District of Illinois on September 14, seeking class action status for all consumers who purchased the recalled foot sprays.

The FDA announced a Lotramin and Tinactin spray recalls on October 1, 2021, after routine sample testing discovered benzene in over-the-counter the aerosol spray products used to treat fungus infection, athlete’s foot, and to treat itching, burning, cracking and scaling skin.

The recall impacted all unexpired lots of Lotrimin and Tinactin sprays cans. This included Lotrimin Anti-Fungal (AF) Athlete’s Foot Powder Spray, Lotrimin Anti-Fungal Jock Itch (AFJI) Athlete’s Foot Powder Spray, Lotrimin Anti-Fungal (AF) Athlete’s Foot Deodorant Powder Spray, Lotrimin AF Athlete’s Foot Liquid Spray, Lotrimin AF Athlete’s Foot Daily Prevention Deodorant Powder Spray, Tinactin Jock Itch (JI) Powder Spray, Tinactin Athlete’s Foot Deodorant Powder Spray, Tinactin Athlete’s Foot Powder Spray and Tinactin Athlete’s Foot Liquid Spray.

The benzene contamination problems came amid growing concerns about the discovery of the cancer causing chemical in a wide variety of aerosol spray products, including popular sunscreens sold under the Neutrogena, Aveeno and Coppertone brands, which have been linked to reports of leukemia, lymphoma and other injuries.

According to the lawsuit, Bayer knew for months before the recall that the products were likely contaminated with benzene. The Bayer products were manufactured by Beiersdorf, which used a product supplied by Aeropres Corporation, called Propellant A-31 in the foot spray products.

In August 2021, Aeropres informed Beiersdorf of the likely benzene contamination, which then immediately notified Bayer of the problem. However, the products remained on shelves for months after the discovery, the lawsuit notes.

“The presence of benzene in the Products renders them adulterated and misbranded,” the lawsuit states. “As a result, the Products are illegal to sell under federal law and therefore worthless.”

While the plaintiffs do not claim to have suffered physical injuries, they seek economic damages for themselves and other consumers nationwide who unknowingly purchased the allegedly misbranded and illegal foot spray products.

Benzene Exposure Risks

Benzene is an industrial chemical that has been associated with the development of several fatal forms of cancer, leukemia and other conditions, such as 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 and Myeloid Metaplasia, Aplastic Anemia and Thrombocytopenic Purpura.

Long-term side effects of benzene exposure have been proven to cause anemia, which is a condition that develops when your blood lacks enough healthy red blood cells or hemoglobin. Essentially, the chemical causes bone marrow not to produce enough red blood cells, which can damage an individual’s immune system. Federal regulators have determined long-term exposure to benzene can significantly impact blood cells, to the extent it causes cancer such as leukemia, which affects the blood-forming organs.