Certain Tag Body Sprays Contain Benzene, Class Action Alleges

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A proposed class action claims that at least three varieties of Tag body spray are contaminated with benzene, a known human carcinogen, and thus have no value to consumers. 

The 23-page suit against defendant MY Imports USA alleges the Tag Midnight; Sport, Fearless; and Sport, Dominate body sprays contain the “widely recognized and incredibly dangerous substance,” which can potentially damage bone marrow or cause anemia or leukemia, among other health issues. The case contends that the Tag products’ apparent benzene contamination is particularly worrying given body sprays are applied directly to the skin. 

The lawsuit stresses that the labels and packaging of the Tag body sprays at issue list the products’ active and inactive ingredients yet do not mention benzene, which leads consumers to believe the items are free from the knowingly harmful substance. 

“Plaintiff and Class Members relied on Defendant’s misrepresentations and omissions of what is in the Products when they purchased them,” the suit says. “Consequently, Plaintiff and Class Members lost the entire benefit of their bargain when what they received was a body spray product contaminated with a known carcinogen.” 

Given the fact that consumers cannot independently verify whether a product contains unsafe ingredients, they must and do rely on manufacturers to truthfully and honestly report a product’s ingredients on its packaging or label, the lawsuit relays. The lack of any mention of benzene on the label or package of the affected Tag body sprays leads a reasonable consumer to believe that they do not contain the chemical, especially since it is well known to be unsafe at any level, the suit argues. 

Per the case, the inclusion of even a relatively low concentration of benzene in a body spray product can lead to high total exposure since remnants of the chemical can be inhaled through the lungs. 

The lawsuit states that the three Tag body sprays at issue were among those found by online pharmacy and analytical lab Valisure LLC to contain benzene. 

According to the filing, MY Imports USA’s non-disclosure that the Tag body sprays contain benzene was “material and intentional” given consumers are increasingly concerned with what they put on and into their bodies.

“Consumers such as Plaintiff and the Class Members are influenced by the ingredients listed,” the case reads. “Defendant knows that if it had not omitted that the Products contained benzene, then Plaintiff and the Class would not have purchased the Products at all.” 

The case looks to represent all consumers who bought Tag Midnight; Sport, Fearless; and Sport, Dominate body sprays anywhere in the United States during the applicable statute of limitations period.

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