Walmart’s Equate Dry Spray Contains Undisclosed Carcinogen Benzene, Class Action Claims

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A proposed class action claims Walmart Inc. has sold Equate-brand body spray contaminated by benzene, a known human carcinogen.

According to the 23-page lawsuit, Walmart has failed to disclose the presence of benzene on the label of its Equate – Dry Spray, Cucumber product despite listing both its active and inactive ingredients. The suit says benzene is an “incredibly dangerous substance,” especially when applied to the skin, and has been known to cause serious health issues ranging from bone marrow damage to cancer.

Per the case, consumers expect a product’s packaging and labeling to accurately disclose its ingredients. In this light, the lawsuit charges that Walmart’s failure to list benzene among the Equate spray’s ingredients is false and misleading.

According to the complaint, consumers lost the entire benefit of their bargain when they unknowingly purchased a product that is “in no way safe for humans and [] entirely worthless.”

The lawsuit alleges Walmart has attempted to capitalize on consumers’ desire for products free from synthetic and chemical ingredients by centering its advertising and marketing campaign on claims that appeal to health-conscious buyers. Because consumers lack the ability to independently test and verify a product’s label claims at the point of sale, they must rely on the representations of a manufacturer such as Walmart, the case relays.

Per the suit, the packaging of Equate – Dry Spray, Cucumber displays no mention of benzene, leading consumers to believe the product is free from the dangerous substance.

According to the complaint, research has shown that there exists no safe level of benzene exposure. Exposure through the skin, such as through the application of a body spray, is “particularly concerning,” the lawsuit says, noting that even a low concentration limit can result in “very high total benzene exposure.”

The allegations in the case rely upon a recent study performed by online pharmacy and analytical laboratory Valisure LLC, who said it detected benzene in various batches of body spray products, including the Equate dry spray sold by Walmart. As the case tells it, the concerning part of the study’s results is that body sprays can be manufactured in such a way that the resulting products have “absolutely no benzene in them.”

The lawsuit alleges Walmart’s decision to conceal the presence of benzene in its Equate body spray was “material and intentional” given the level of concern consumers have about what they put in and on their bodies.

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

The lawsuit looks to represent anyone who purchased the Equate – Dry Spray, Cucumber product in the U.S. during the applicable statute of limitations period.

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