Benzene in Old Spice, Secret, Pantene, Aussie Aerosol Products Class Action

The Procter & Gamble Company makes a wide variety of personal care products. Unfortunately, the complaint for this class action alleges that some of the aerosol products are contaminated with benzene, a carcinogen. Among them, the complaint lists both Old Spice and Secret aerosol antiperspirants and Aussie and Pantene aerosol dry shampoo products.

The class for this action is all persons or entities who, in California, between January 2017 and the present, bought or used any of the aerosol products listed below, under the brand names Secret, Old Spice, Pantene, or Aussie, from P&G:

• Old Spice High Endurance AP Spray Pure Sport, 12/6 oz.
• Old Spice Hardest Working Collection Inv Spray Stronger Swagger 3.8 oz.
• Old Spice Hardest Working Collection Inv Spray Pure Sport Plus 12/3.8 oz.
• Old Spice Hardest Working Collection Inv Spray Stronger Swagger 12/3.8 oz.
• Pantene Dry Shampoo No Water Refresh, 4.9 oz.
• Pantene Dry Shampoo Sheer Volume, 4.9 oz.
• Aussie Tousle Hustle Dry Shampoo, 4.9 oz.
• Aussie Bounce Back Dry Shampoo, 4.9 oz.
• Aussie After Hours Dry Shampoo Texture Spray, 4.9 oz.
• Secret Fresh Collection Spray Waterlily 12/3.8 oz.
• Secret Fresh Collection Spray Lavender 12/3.8 oz.
• Secret Fresh Collection Spray Rose 12/3.8 oz.
• Secret Aerosol Powder Fresh

The problem with the products was discovered, the complaint says, by Valisure, LLC, an independent analytical laboratory. Valisure had tested batches of the P&G aerosol antiperspirants in late 2021 and found what the complaint calls “dangerously high levels of benzene” that were “in excess of the recommended exposure limits.” Valisure filed a Citizen Petition with the Food and Drug Administration (FDA) in November 2021, asking it to recall certain batches of the products.

P&G itself eventually recalled the products. Less than a month later, the complaint alleges, the company found benzene in certain of its other products and this time issued a recall for aerosol dry shampoo and conditioner sprays from the brands Pantene, Aussie, Herbal Essences, and Waterless, along with discontinued aerosol dry shampoo products from Old Spice and Hair Food.

The complaint alleges, “Benzene is classified as a human carcinogen. Exposure to benzene can occur by inhalation, orally, and through the skin, and it can result in cancers including leukemia and blood cancer of the bone marrow and blood disorders which can be life-threatening.”

Benzene is well enough known as a health hazard that the complaint claims the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have both set workday exposure limits for benzene.

The complaint also alleges that P&G’s website puts benzene on a list of substances that the company does not use in its products and does not warn of benzene contamination in any of its products.

The complaint asserts, “P&G Company engaged in fraudulent, unfair, deceptive, misleading, and/or unlawful conduct stemming from its omissions surrounding benzene contamination affecting its Aerosol Products.”

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of warranty, Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Deceptive Labels, Fraudulent Concealment, Strict Product Liability—Failure to Warn