Benzene is a well-known carcinogen known for causing leukemia.
Walgreens is facing a class action lawsuit, filed by two South Carolina residents, accusing the large retailer of selling a generic version of the popular cold medicine, Mucinex, that contains a chemical linked to cancer. According to the lawsuit, Walgreens allegedly failed to inform customers that the product contained benzene, a well-known carcinogen, and did not label the product to indicate the potential health risks associated with consuming this product. The lead plaintiffs, Miriam Birdsong and Cheryl Mikel, claim that they would not have purchased the over the counter (OTC) medication, or would have paid less for it, had they known it contained the carcinogen.
The lawsuit was filed in federal court in Chicago, and the plaintiffs are seeking both damages and restitution. They also hope to ignite a nationwide class action of Walgreens customers who also purchased the product, as well as have separate classes for residents of Illinois and South Carolina, specifically.
As a Class 1 solvent, benzene is a chemical that is released into the air from emissions from automobiles and burning coal and oil, and it has been linked to leukemia. It is also used in a wide range of industrial products, including chemicals, dyes, detergents, and some plastics. The Food and Drug Administration (FDA) has long stated that benzene should not be used in the manufacturing of drugs and has advised companies to recall any products that contain more than two parts per million of the substance.
Despite issuing these guidelines, the presence of benzene in consumer products, particularly pharmaceutical drugs, has been a growing concern at of late due to the fact that the chemical has been detected in a variety of OTC products.
The current lawsuit against Walgreens is part of a broader wave of litigation targeting the company for allegedly selling products that contain benzene. Earlier in 2024, at least three other lawsuits were filed in federal courts in Chicago and California over claims that Walgreens sells acne treatment products containing benzoyl peroxide, a compound that can degrade into benzene. These lawsuits, similar to the current case involving Mucinex, alleged that Walgreens failed to properly warn consumers about the additive’s potential risks.
Walgreens has argued in response to some of these cases that its product labeling is governed by the Federal Food, Drug, and Cosmetic Act, which sets the guidelines for what information must be included on product labels, and that its labeling complies with federal regulations.
The lawsuit filed by Birdsong and Mikel is part of a broader movement to hold companies accountable for ensuring the safety of their products, particularly in cases involving harmful chemicals. If the plaintiffs succeed in obtaining class certification, Walgreens could face significant fines – likely in the millions. This case not only represents an example of increasing consumer demand for transparency and safety in everyday household products, but it could also mean that companies held liable will be held to higher standards moving forward.
Sources:
FDA Alerts Pharmaceutical Manufacturers to Risk of Benzene in Certain Drugs
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