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Secret Antiperspirant Aerosol and Spray Benzene Content Class Action

The Proctor & Gamble Company (P&G) is known for its personal care products. Among these are a line of Secret Antiperspirant Aerosols and Sprays. The complaint for this class action alleges that these products contain benzene, a carcinogen that has been associated leukemia and other cancers. The benzene is not there for a purpose, and the complaint claims that this makes the products “adulterated and misbranded, and therefore illegal to sell under both federal and state law.”

The class for this action is all persons in the US who bought the products. A Florida Subclass has been defined as well, for all class members who bought the products in Florida.

The complaint quotes a number of sources on benzene: “The Department of Health and Human Services has determined that benzene causes cancer in humans. Likewise, 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.’ … A study from 1939 on benzene stated that ‘exposure over a long period of time to any concentration of benzene greater than zero is not safe,’ which is a comment reiterated in a 2010 review of benzene research…”

It also quotes the National Institute of Occupational Safety and Health as saying that people can be exposed to benzene via “inhalation, skin absorption, ingestion, skin and/or eye contact.”

According to the complaint, “The Products are not designed to contain benzene, and in fact no amount of benzene is acceptable in antiperspirant sprays such as the Products manufactured by” P&G. P&G did not disclose to consumers that the products contain benzene.

The benezene was found in the products, the complaint alleges, by Valisure, an online pharmacy, which found high levels of benzene and other contaminants in certain batches of body sprays in November 2021. According to the complaint, when Valisure tested the products made by P&G, some were found to contain as much as 16.2 parts per million (ppm) of benzene.

The FDA does permit the use of benzene if it is “unavoidable in order to produce a drug product with a significant therapeutic advance,” in which case it may contain up to 2 ppm of benzene. But the complaint charges that the use of benzene in body sprays is not “unavoidable” and probably does not represent any “significant therapeutic advance.”

Antiperspirant sprays are over-the-counter (OTC) drugs which are regulated by the FDA. The complaint alleges they are subject to current Good Manufacturing Practices (cGMP) regulations, the federal Food, Drug and Cosmetics Act (FDCA), and state laws and regulations.

The complaint claims that, under cGMP regulations, P&G had a responsibility to make sure that its products did not contain benzene. But, looking at Valisure’s testing results, it says, P&G “made no reasonable effort to test its Products for benzene or other impurities.”

The counts include breaches of warranties and fraud, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Secret Antiperspirant Aerosol and Spray Benzene Content Complaint

November 15, 2021

The Proctor & Gamble Company (P&G) is known for its personal care products. Among these are a line of Secret Antiperspirant Aerosols and Sprays. The complaint for this class action alleges that these products contain benzene, a carcinogen that has been associated leukemia and other cancers. The benzene is not there for a purpose, and the complaint claims that this makes the products “adulterated and misbranded, and therefore illegal to sell under both federal and state law.”

Secret Antiperspirant Aerosol and Spray Benzene Content Complaint

Case Event History

Secret Antiperspirant Aerosol and Spray Benzene Content Complaint

November 15, 2021

The Proctor & Gamble Company (P&G) is known for its personal care products. Among these are a line of Secret Antiperspirant Aerosols and Sprays. The complaint for this class action alleges that these products contain benzene, a carcinogen that has been associated leukemia and other cancers. The benzene is not there for a purpose, and the complaint claims that this makes the products “adulterated and misbranded, and therefore illegal to sell under both federal and state law.”

Secret Antiperspirant Aerosol and Spray Benzene Content Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising