JPML Refuses To Consolidate Lawsuits Over Benzene in L’Oreal CeraVe, Other Acne Products

Rejected request is second failed attempt to consolidate lawsuits over benzene in acne products before one judge for pretrial proceedings.

A panel of federal judges has rejected a motion to consolidate all CeraVe class action lawsuits and similar claims filed against L’Oreal, involving allegations that its benzoyl peroxide (BPO) acne products contained cancer-causing benzene chemicals.

Benzoyl peroxide 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.

At least six 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.

Following the release of the Valisure report, concerns have emerged about serious health risks that may result from exposure to benzene in 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.

In August 2024 the U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected a prior effort to combine lawsuits over benzoyl peroxide acne products sold by various different manufacturers 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 to establish a CeraVe lawsuit MDL on November 26, asking that at least the claims against L’Oreal be consolidated. The motion proposed that L’Oreal class action lawsuits pending in U.S. District Courts nationwide be transferred to the District of Hawaii.

Plaintiffs argued 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.

L’Oreal disagreed, arguing at a hearing last month that it was not necessary to establish an MDL for the CeraVe class action lawsuits, given the limited number of claims 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.

L’Oreal CeraVe Class Action Lawsuit MDL Motion Rejected

In an Order Denying Transfer (PDF) issued on February 7, the JPML rejected consolidation of even just the L’Oreal lawsuits.

“No party disputes that these actions against L’Oréal contain common questions of fact— primarily whether, and under what conditions, benzoyl peroxide degrades into benzene, and whether any resultant benzene exceeds safe levels,” the JPML stated. “Despite these common factual questions, centralization is unnecessary at this stage to promote the just and efficient conduct of this litigation.”

The panel noted that three of the class actions were already filed in the Southern District of New York, and that all six cases could be brought to that venue without the need for formal centralization.

The decision means that the BPO class action lawsuits against L’Oreal will continue to move forward as individual claims.