Illinois Court Rules Plaintiff Can Proceed with cGMPs Violation Claims in Benzene Acne Lawsuit

CHICAGO –– An Illinois court overseeing a benzene acne lawsuit has ruled that a plaintiff can continue with her claims that the defendant’s failure to comply with Current Good Manufacturing Practices (cGMPs) was an unfair practice under Illinois law, denying in part the defendant’s motion to dismiss.

In the Sept. 17 order, the U.S. District Court for the Northern District of Illinois concluded that Illinois Consumer Fraud and Deceptive Trade Practices Act claims relating to warnings or benzene as an inactive ingredient in the product are preempted, but those based on the defendant’s failure to comply with cGMPs can proceed. …