Right Guard Sport Fresh Antiperspirant Spray Contains Benzene, Class Action Claims
Wilson et al. v. Thriving Brands, LLC et al.
Filed: November 24, 2021 ◆§ 3:21-cv-01988
A class action alleges Right Guard Sport Fresh antiperspirant aerosol spray is defective in that it contains the carcinogen benzene.
A proposed class action alleges Right Guard Sport Fresh antiperspirant aerosol spray is defective in that it contains the carcinogen benzene.
The 29-page complaint alleges the makers of Right Guard, defendants Thriving Brands, LLC; Henkel AG & Co. KGAA; and Henkel North American Consumer Goods, have taken advantage of buyers’ longstanding trust in the brand by representing that the Sport Fresh spray is safe to use. Per the lawsuit, Right Guard Sport Fresh aerosol contains “significant concentrations” of benzene, which, after long-term exposure, can cause harm to bone marrow and red blood cells.
“According to FDA guidance, there is no safe level of benzene, and thus it ‘should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity,’” the lawsuit says.
The inclusion of benzene in Right Guard Sport Fresh aerosol is, according to the lawsuit, “demonstrably avoidable,” and feasible alternative formulations and materials were available to the defendants at the time they manufactured the spray, the suit says. Per the case, other manufacturers sell spray deodorants that do not have a benzene concentration above the FDA’s limit of two parts per million.
Central to the lawsuit is testing conducted by online pharmacy Valisure, who found that 16 spray deodorants, including Right Guard Sport Fresh, have average concentrations of benzene above the two ppm limit. In particular, the suit says, Valisure found benzene concentrations of 2.87 ppm in Right Guard Sport Fresh aerosol. Independent testing performed by Yale University found benzene concentrations of 5.07 ppm in the product, the case adds.
As for the danger posed by benzene, the complaint relays that long-term exposure can harm bone marrow and cause a decrease in red blood cells, leading to anemia, as well as excessive bleeding and immune system damage. In light of this danger, the World Health Organization and the International Agency for Research on Cancer classify benzene as a Group 1 compound considered “carcinogenic to humans,” the filing reads.
The defendants, meanwhile, represent to consumers that Right Guard Sport Fresh spray deodorant is safe and effective for everyday use, and do not list benzene among the product’s active or inactive ingredients. Overall, the Right Guard deodorant is adulterated and therefore illegal to sell to the public, the suit argues.
The lawsuit looks to represent all consumers in the United States who bought Right Guard Sport Fresh aerosol antiperspirant for personal use and not for resale.
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