‘Worthless’ Odor-Eaters Sprays Contain Carcinogenic Benzene, Class Action Alleges
Madhavan v. Blistex Inc.
Filed: March 15, 2022 ◆§ 1:22-cv-01350
The maker of Odor-Eaters Spray Powder and Odor-Eaters Stink Stoppers Spray faces a class action that alleges the products are contaminated with benzene, a known carcinogen.
Illinois
The maker of Odor-Eaters Spray Powder and Odor-Eaters Stink Stoppers Spray faces a proposed class action that alleges the anti-fungal products are contaminated with undisclosed benzene, a known carcinogen.
The 25-page lawsuit against Blistex Inc. contends that the now-recalled Odor-Eaters sprays “are not designed to contain benzene” and that no amount of the chemical impurity is acceptable in the products. The suit charges that the presence of benzene in the Odor-Eaters sprays at issue renders the items “unsafe and worthless” and unsuitable for their intended purpose.
“The presence of benzene in the Products renders them adulterated and misbranded,” the complaint says. “As a result, the Products are illegal to sell under federal law and therefore are worthless.”
According to the lawsuit, benzene is a component of crude oil, gasoline and cigarette smoke and an elementary petrochemical. The U.S. Department of Health and Human Services has determined that benzene causes cancer in humans, and the FDA has listed the chemical as a “Class 1 solvent” that should not be used in the manufacture of drug products due to its toxicity, the case says. Likewise, the World Health Organization and International Agency for Research on Cancer have defined benzene as carcinogenic to humans, per the suit.
The lawsuit states that Blistex, in conjunction with the FDA, announced on November 17, 2021 the voluntary recall of 41 lots of Odor-Eaters Spray Powder and Odor-Eaters Stink Stoppers Spray at the consumer level due to the presence of benzene. The recall instructed that consumers, distributors and retailers in possession of the products should stop using or selling them and dispose of the sprays appropriately, the case relays.
Benzene is not listed as an active or inactive ingredient for either kind of Odor-Eaters spray, the suit states. As such, Blistex breached an express warranty that the only ingredients in the products were those listed on their labels, the case contends.
“Plaintiff and the Class were injured by the full purchase price of the Products because the Products are worthless, as they are adulterated and contain harmful levels of benzene,” the complaint reads, noting that Blistex, to date, has not offered buyers a refund for the recalled Odor-Eaters sprays.
The lawsuit looks to represent all consumers in the United States who have purchased Odor-Eaters Spray Powder and/or Odor-Eaters Stink Stoppers Spray.
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