P&G Facing Another Class Action After Body Sprays, Hair Products Found to Contain Benzene
by Erin Shaak
Casolari et al. v. The Procter & Gamble Company
Filed: May 2, 2022 ◆§ 1:22-cv-00235
P&G faces a lawsuit that claims a number of aerosol antiperspirant and deodorant sprays and dry conditioner and shampoo products were contaminated with benzene.
Illinois Consumer Fraud and Deceptive Business Practices Act California Business and Professions Code California Unfair Competition Law Florida Deceptive and Unfair Trade Practices Act California Consumers Legal Remedies Act Song-Beverly Consumer Warranty Act Arizona Consumer Fraud Act
Ohio
The Procter & Gamble Company has been hit with another proposed class action after a number of its aerosol antiperspirant and deodorant sprays and dry conditioner and shampoo products were recalled due to their apparent contamination with benzene, a known human carcinogen.
The 48-page lawsuit alleges P&G has misled consumers by failing to disclose that the recalled items are “unsafe, ineffective, unfit for the ordinary purpose for which these health and beauty products are used, and otherwise worthless.”
The products mentioned in the suit include body sprays under the Secret and Old Spice brands and hair products under the Waterless Dry, Pantene, Aussie, Herbal Essences, Hair Food and Old Spice brands.
According to the case, consumers would not have bought the aerosol products had they known the items contained benzene, a component of crude oil, gasoline and cigarette smoke that has been linked to cancer and other harmful effects.
The lawsuit cites a 2021 study in which independent laboratory Valisure LLC tested a variety of antiperspirant and deodorant sprays and detected a “highly concerning” amount of benzene in a number of the products. Valisure thereafter filed a November 2021 citizen’s petition in which it asked the FDA to recall all batches of the products that were found to contain more than 0.1 parts per million (ppm) of benzene, which the case says included 13 of P&G’s products.
According to the complaint, P&G issued a November 23 recall of certain aerosol antiperspirant and deodorant sprays under its Old Spice and Secret brands due to the presence of benzene. Several weeks later, the company recalled certain dry shampoos and conditioners that were also found to contain benzene, the lawsuit relays.
Per the case, P&G does not list benzene as an active or inactive ingredient in any of the recalled products and instead represents to consumers that the harmful substance is not an ingredient “in any of our formulated products.”
The suit contends no amount of benzene is acceptable in P&G’s personal care items, stressing that the health hazards associated with benzene exposure “have been recognized for over a hundred years.” Per the case, benzene is a known human carcinogen described by the FDA as a chemical that “should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity.”
The lawsuit goes on to argue that P&G’s recalls did not go far enough to compensate consumers who bought the contaminated products. Although the defendant directed consumers to its brands’ websites to find out how to receive reimbursement, the websites’ instructions were either “nonexistent or illusory,” the case contends.
“Information concerning the recalls is not prominent thereon but is buried within these brand websites or missing altogether,” the complaint alleges. “Nor do the P&G brand websites provide any information or clarity for how to obtain reimbursement or what documentation may be required. Instead, those websites merely direct affected consumers to further contact P&G via chat, email, or by phone, rendering any reimbursement process needlessly cumbersome and ineffectual.”
The lawsuit looks to represent anyone in the U.S. who purchased any of the recalled products highlighted on this page.
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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.
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