Class Action Alleges Summer’s Eve Body Spray Contains Undisclosed Carcinogen Benzene
by Erin Shaak
Last Updated on May 4, 2022
Lofaro v. Prestige Consumer Healthcare Inc.
Filed: November 26, 2021 ◆§ 2:21-cv-06610
A proposed class action claims one variety of Summer’s Eve-brand body spray has been contaminated with benzene, a known human carcinogen.
New York
A proposed class action claims one variety of Summer’s Eve-brand body spray has been contaminated with benzene, a known human carcinogen.
According to the lawsuit, manufacturer Prestige Consumer Healthcare Inc. has failed to disclose the presence of the “incredibly dangerous” substance on the labels of its Summer’s Eve Ultra Freshening Spray, 5 in 1 body spray product. As a result, consumers have unknowingly purchased a product that is “in no way safe for humans and [is] entirely worthless,” the case alleges.
“Plaintiff and Class Members relied on Defendant’s misrepresentations and omissions of what is in the Product when they purchased it,” the complaint reads. “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.”
Benzene is a well-known human carcinogen that can cause health issues ranging from anemia and immune system damage to cancer, and is particularly dangerous when absorbed through the skin, the lawsuit begins. The case argues that the apparent presence of benzene in the Summer’s Eve body spray is “especially troubling” given even a low concentration of the substance can lead to a high level of exposure.
Per the filing, the lack of any mention of benzene on the product’s label is enough to lead a reasonable consumer to believe Summer’s Eve body spray does not contain a dangerous chemical like benzene.
Referenced in the suit is a study by online pharmacy Valisure LLC that has been central to of a wave of recent litigation over the alleged presence of benzene in some batches of body spray products. According to the complaint, it is especially concerning that Valisure detected the dangerous substance in batches of Summer’s Eve body spray at all since the manufacturing process can be specifically engineered so as to make sure a product contains absolutely no benzene.
According to the suit, the labeling of Summer’s Eve body spray is “false, deceptive, and misleading” in that the presence of benzene is not listed or mentioned anywhere on the product’s packaging and labeling. The lawsuit claims consumers would not have purchased the body spray had they known it contained a harmful carcinogen.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.
Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
Stay Current
Sign Up For
Our Newsletter
New cases and investigations, settlement deadlines, and news straight to your inbox.
Before commenting, please review our comment policy.