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 different from, or in addition to, those imposed by 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 a requirement would be inconsistent with the FDA’s regulations.”

The court …