Klorane Dry Shampoo Contains Dangerous Carcinogen Benzene, Class Action Claims
Bojko et al. v. Pierre Fabre USA Inc.
Filed: December 1, 2022 ◆§ 1:22-cv-06728
The maker of Klorane has been hit with a proposed class action lawsuit that alleges the dry shampoo contains toxic levels of benzene, a human carcinogen.
Illinois
The maker of Klorane has been hit with a proposed class action lawsuit that alleges the dry shampoo contains toxic levels of benzene, a human carcinogen.
According to the 40-page suit, Klorane manufacturer Pierre Fabre USA has “knowingly” and “recklessly” marketed and sold the contaminated dry shampoo products across the United States without warning consumers that the aerosol items are defective, putting thousands at risk of injury from the hazardous chemical.
Per the case, benzene is identified by the FDA as a dangerous chemical, and the agency has stated “it should not be used in the manufacture of any component of a drug product due to its unacceptable toxicity effect.” The filing alleges the adulterated Klorane products—namely the Klorane Oat Milk Ultra Gentle and Nettle Oil Control varieties—contain levels of the carcinogen that exceed, and sometimes triple, the concentration limit of two parts per million (ppm) set by the FDA.
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According to the suit, no warning about benzene itself or its potential presence is listed on the dry shampoo’s label. The complaint contests that by selling its products to the plaintiff and other proposed class members, Pierre Fabre “warrants that the Products are safe to use rather than adulterated hair sprays containing a dangerous, cancer-causing chemical.”
The discovery of benzene in Klorane dry shampoo was made by Valisure, an independent pharmacy created to safeguard consumers by testing chemical products for quality, the filing says. According to the lawsuit, Valisure’s findings show that, in spite of the defendant’s testament to the product’s safety, the company made “no reasonable effort to test its Products for benzene.”
Benzene is ubiquitously recognized by health agencies and governmental organizations as a substantial risk to humans, the case relays. Per the lawsuit, benzene exposure from dry shampoo is “especially troubling” since the product is applied to the scalp and near the face and because it fills the air, meaning it’s likely to be at least partially inhaled by the user.
Therefore, even a relatively low concentration limit can cause very high total benzene exposure, the filing stresses.
According to the complaint, the label on Klorane’s dry shampoo specifically directs consumers to use the product by “‘spray[ing] evenly’ on the hair, ‘focusing at the roots,’ and ‘[leaving it] on for 2 minutes’ before being brushed.”
The suit argues that “[t]here is probably no safe level of exposure to benzene.” The case claims the Klorane brand and its owner, the Pierre Fabre Group, are established and well-known companies trusted by reasonable consumers to truthfully represent their products.
The lawsuit looks to represent anyone in the United States who purchased a Klorane dry shampoo product for personal use.
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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.
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