TRENTON, N.J. (Legal Newsline) - Juan Huertas and Eva Mistretta filed a federal class action lawsuit on Nov. 16 in the District of New Jersey against Bayer U.S. LLC for breach of express warranty, breach of implied warranty, violation of New York General Business Law 349 and 350, fraud and unjust enrichment.
According to the complaint, Bayer U.S. LLC manufactures, distributes and sells Lotrimin and Tinactin spray products that contain dangerously high levels of benzene, a human carcinogenic that is linked to leukemia and other cancers. Lotrimin is the brand name for Clotrimazole and Tinactin is the brand name for Tolnaftate, both of which are antifungal medications.
Benzene has been listed by the FDA as a "Class 1 solvent" that should not be manufactured in drug substances, excipients or products due to its unacceptable toxicity as any exposure greater than zero over a long period of time is not safe, the suit says.
Plaintiffs were caused to suffer monies paid for defective products, punitive damages and harmful exposure, they say. Plaintiffs are represented by Andrew J. Obergfell of Bursor and Fisher, P.A. of New York.
District Court of New Jersey case number 2:21-cv-20021-SDW-CLW