Calif. Court Tosses Benzene Shampoo Case with Prejudice, Says Claims Preempted

SAN FRANCISCO –– A California federal court has tossed a lawsuit involving the benzene content in Neutrogena shampoo products, finding, in part, that the claims sought to impose a requirement that would be have been different from, or in addition to, those that are not identical with the requirements of the FDA.

In the Jan. 17 decision, the U.S. District Court for the Central District of California also noted because benzene is not either an active or inactive ingredient of Coal Tar, the drug monograph for Coal Tar is not required to include benzene on the label and “imposing such …