P&G Aerosol Dry Hair Care Products Benzene Content Class Action

This class action is one of many brought recently alleging the presence of benzene in personal care products from the Procter & Gamble Company (P&G). The complaint cites aerosol dry shampoo and dry conditioner products sold under the brand names Pantene, Aussie, Herbal Essences, Waterless, Old Spice, and Hair Food. The complaint alleges that these products are “defective because they contain benzene, a carcinogenic chemical impurity that has been linked to leukemia and other cancers.”

The Class for this action is all persons in the US who bought the products. A New York Subclass has also been defined, for those who bought the products in New York.

The complaint is at pains to make clear that it intends to bring claims under state law, rather than under the federal Food, Drug and Cosmetic Act (FDCA), although it does allege that the products are adulterated and misbranded under the FDCA.

The products are not designed to contain benzene and the labels do not disclose the presence of benzene.

The Food and Drug Administration (FDA) considers benzene to be a Class 1 solvent that “should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity.”

Other organizations also consider it a carcinogen, including, the complaint says, the Department of Health and Human Services, the World Health Organization, the International Agency for Research on Cancer, and the Environmental Protection Agency.

The National Institute for Occupational Safety and Health (NIOSH) says that humans can be exposed to benzene through “inhalation, skin absorption, ingestion, skin and/or eye contact.”

The complaint alleges, “Absorption of benzene through inhalation, such as through the use of [P&G’s] Aerosol Products, can be even more dangerous and pose more risks than skin absorption.”

On December 17, 2021, P&G recalled the aerosol products, because benzene had been found in them. The recall notice acknowledged benzene’s carcinogenic nature. The complaint quotes the company as claiming, “While benzene is not an ingredient in any of our products, our review showed that unexpected levels of benzene came from the propellant that sprays the product out of the can.” It advises users to stop using the products and to throw them away.

However, the complaint faults the company because it has not made refunds readily available. Users are directed to go to the product websites (for example, www.pantene.com or www.aussie.com), the complaint alleges, “for more information about the impacted products and to learn how to receive reimbursement for eligible products[,]” but it claims that the refunds are “largely illusory.”

The problem, the complaint alleges, is that customers who bought more than six of the products must produce receipts in order to get compensated. It points out that consumers don’t generally keep receipts for small items like hair care products, but they do buy them regularly, which means that consumers are unlikely to get properly compensated.

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels