Ill. Court Issues Order Granting in Part, Denying in Part Motions to Dismiss in Benzene Antifungal Foot Spray Case

CHICAGO –– An Illinois federal court has issued an order in a benzene antifungal foot spray lawsuit involving third-party defendants, ruling in part that some claims can proceed against BP Energy, a supplier of the gas used for the propellants.

The U.S. District Court for the Northern District of Illinois issued the opinion on Feb. 18 in which it granted in part, denied in part, motions to dismiss.

Bayer HealthCare LLC filed the underlying lawsuit against Aeropres Corp., contending that the defendant supplied the plaintiff with propellant gases that were contaminated with benzene. Bayer later used these propellant gases in …