Right Guard antiperspirant comes in the form of aerosol sprays, among other things. The complaint for this class action alleges that concerning levels of benzene have been detected in these aerosol products. Right Guard was formerly made and cold by Henkel Corporation, until mid-2021, when it was bought by Thriving Brands, LLC. Both companies are defendants in this case.
The class for this action is all persons in the US who bought the products. A Florida Subclass has also been proposed for those who bought the products in Florida.
Benzene, the complaint alleges, is “a carcinogenic chemical impurity that has been linked to leukemia and other cancers.” It has been held to be a carcinogen by the Department of Health and Human Services, the American Cancer Society, and the National Institute of Occupational Safety and Health.
According to the complaint, “the Food and Drug Administration (‘FDA’) lists benzene as a ‘Class 1 solvent’ that ‘should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity.” The complaint also quotes a 1939 study as saying that “exposure over a long period of time to any concentration of benzene greater than zero is not safe.”
Exposure to benzene can take place through inhaling, skin absorption, ingestion, or contact with the eyes or skin. The complaint alleges, “Skin absorption is particularly concerning as tehre have been multiple FDA studies showing that structurally similar chemicals in sunscreen products are found in the blood at high levels after application to exposed skin.”
The FDA has allowed a small amount of benzene to be used in products if it is “unavoidable in order to produce a drug product with a significant therapeutic advance…” however, the amount that may be used is limited to 2 ppm.
Benzene was found in multiple batches of body spray products by an online pharmacy called Valisure. The Right Guard aerosol products were among those tested, different batches of which were found to contain up to 5.0 parts per million (ppm) of benzene.
Valisure noted that many of the body spray products it tested did not contain benzene, so that it was clear that benzene was not “unavoidable” in making the products. The complaint also quotes it as saying that “considering the long history and widespread use of these products, it also does not appear that they currently constitute a significant therapeutic advance.”
The counts include breaches of warranties, fraud, and violation of the Florida Deceptive and Unfair Trade Practices Act, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Right Guard Antiperspirant Aerosol Spray Benzene Content Complaint
November 19, 2021
Right Guard antiperspirant comes in the form of aerosol sprays, among other things. The complaint for this class action alleges that concerning levels of benzene have been detected in these aerosol products. Right Guard was formerly made and cold by Henkel Corporation, until mid-2021, when it was bought by Thriving Brands, LLC. Both companies are defendants in this case.
Right Guard Antiperspirant Aerosol Spray Benzene Content ComplaintCase Event History
Right Guard Antiperspirant Aerosol Spray Benzene Content Complaint
November 19, 2021
Right Guard antiperspirant comes in the form of aerosol sprays, among other things. The complaint for this class action alleges that concerning levels of benzene have been detected in these aerosol products. Right Guard was formerly made and cold by Henkel Corporation, until mid-2021, when it was bought by Thriving Brands, LLC. Both companies are defendants in this case.
Right Guard Antiperspirant Aerosol Spray Benzene Content Complaint