Suave 24-Hour Protection Powder Aerosol Antiperspirant Benzene Content Class Action

The complaint for this class action alleges that Unilever United States, Inc. sells its Suave 24-hour Protection Powder aerosol antiperspirant “using a marketing and advertising campaign centered around claims that appeal to health-conscious consumers.” Despite this, the complaint alleges, the product has been found to contain benzene, a human carcinogen.

Two classes have been proposed for this action:

• The National Class is all persons in the US who bought the products during the applicable statute of limitations period.
• The Consumer Fraud Multi-State Class is all persons in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington who bought the products during the applicable statute of limitations period.

The complaint claims that, while the product does list its active ingredients, it does not list benzene.

According to the complaint, “[b]enzene is a widely recognized and incredibly dangerous substance, especially in the context of applying it to the skin.” It has been known as a carcinogen for around a century. “For example,” the complaint alleges, “benzene is known to harm the bone marrow, and long exposure to benzene can lead to blood cancer, such as leukemia.”

Benzene is considered a carcinogen by the National Toxicology Program, the Centers for Disease Control and Prevention, and the International Agency for Research on Cancer. Benzene can be absorbed through the lungs and the skin.

The complaint alleges, “This makes benzene exposure from body sprays especially troubling because the spray is put directly onto the skin, with the remnants flying through the air likely to be at least partially breathed in by the user and absorbed into their lungs. Thus, even a relatively low concentration limit can result in a very high total benzene exposure.”

The Food and Drug Administration (FDA) provides guidance to companies that make drugs. Antiperspirants are considered over-the-counter drugs. The complaint quotes FDA guidance as saying that “if [benzene’s] use is unavoidable in order to product a drug product with a significant therapeutic advance, then [its] levels should be restricted” to 2 parts per million (ppm).

However, according to the complaint, Valisure, an analytical pharmacy and consumer protection organization, found that the Suave product contained benzene at a concentration of 5.21 ppm, which is more than two and a half times the limit in the FDA’s guidance.

The complaint quotes Unilever’s website as saying, “The safety of our products is our top priority. That is why each new product innovation is evaluated systematically and scientifically by our team in the Safety and Environmental Assurance Centre (SEAC). Our scientists consider any safety risks to the consumers who use our products…”

The advertising and marketing campaign for the Suave product is “false, deceptive, and misleading,” the complaint alleges, because it does not mention benzene anywhere on the packaging or labeling.

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