Law360 Reports on Third Circuit Ruling for Silver Golub & Teitell Clients Over Benzene in Bayer Products

November 7, 2024

Law360 reported on a ruling by the Third Circuit Court of Appeals reviving a class action lawsuit against Bayer over benzene contamination in antifungal sprays. Silver Golub & Teitell partner Steven Bloch represents the plaintiffs in the case.

In its ruling, the appellate court endorsed the theory that the potential benzene contamination in Lotrimin and Tinactin sprays rendered them worthless and deprived buyers of the recalled products of the benefit of the bargain they'd paid for, Law360 wrote in its coverage of the ruling.

Bayer discovered the contamination as far back as 2018 and recalled millions of dollars' worth of the products in October 2021. Plaintiffs Juan Huertas and Eva Mistretta filed a proposed class action a month later, claiming that customers had suffered economic harm and now needed long-term medical monitoring due to an increased risk of developing cancer. 

In its ruling, the Third Circuit remanded the case to the trial court for further proceedings.

"Plaintiffs have plausibly alleged that Lotrimin and Tinactin products that are unusable due to the contamination are necessarily worth less than the product when properly manufactured," U.S. Circuit Judge Cindy K. Chung wrote in a unanimous panel ruling. "The logic requires little elaboration: if a product contains a manufacturing flaw so severe that it cannot be used, it is not worth the full price purchasers paid with the understanding they would be able to use all of the product."

The article is available here:

Law360: 3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less' (subscription required)