Walgreens hit with lawsuit claiming generic cold medicine has cancer-causing chemical
By Diana Novak Jones
Sept 4 (Reuters) -Walgreens is facing a proposed class action lawsuit brought on Wednesday by customers who say they weren’t warned that the pharmacy chain’s generic version of cold medicine Mucinex contains a cancer-causing chemical.
The lawsuit, filed in Chicago federal court, claims Walgreens did not label the products or otherwise warn customers that they contained benzene, a known carcinogen. A Reuters review of court records shows the lawsuit appears to be the first filed after news articles – first published by Bloomberg last month – claimed generic versions of Mucinex sold at stores including Walgreens contain benzene.
Walgreens customers Miriam Birdsong and Cheryl Mikel, both South Carolina residents, say they would not have purchased the products or would have paid less for them had they known they contained benzene, and are seeking damages and restitution. They are seeking court approval of a nationwide class of Walgreens customers who purchased the products, as well as separate classes of Illinois and South Carolina customers.
The lawsuit names Walgreens Inc as the defendant, although Walgreens Boots Alliance is the parent of Walgreens Co.
Walgreens representatives did not immediately respond to requests for comment. In response to questions about whether its products contain benzene, the company told Bloomberg it works with its suppliers to follow U.S. Food and Drug Administration regulations.
Attorneys for Birdsong and Mikel did not immediately respond to requests for comment.
The FDA has said drugmakers should not use benzene in the manufacture of their products and has urged pharmaceutical companies with products on the market that contain more than 2 parts per million of benzene to initiate recalls.
Walgreens is facing at least three other lawsuits filed this year in federal courts in Chicago and California over benzene in products. The lawsuits allege it sells acne treatment products that contain benzoyl peroxide, which can degrade into benzene.
Walgreens arguesthat the claims are preempted by the Federal Food, Drug, and Cosmetic Act, which sets the guidelines for product labeling.
Reporting by Diana Jones
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