Plaintiffs Appealing Preemption Ruling in Benzoyl Peroxide Benzene Class Action

SAN FRANCISCO — Plaintiffs in a putative class action accusing the makers of Proactiv of failing to warn that their benzoyl peroxide (BPO) acne drugs can degrade into benzene are appealing a California federal court’s ruling that their claims are preempted by federal law.

The 9th Circuit U.S. Court of Appeals is processing the action as a large party case, explaining that all appellants are represented by the same counsel. The court said it will proceed under the appellant grouping name of “Benzoyl Peroxide Acne Treatment Drug Products Appellants.”

Alchemee LLC and its parent company Taro Pharmaceuticals U.S.A. Inc. …