Unilever United States, Inc. sells personal care products, including Suave antiperspirant aerosol and spray products. But the complaint alleges that the products contain benzene, a carcinogenic substance that has been linked to leukemia and other cancers. The products are not supposed to contain benzene, the complaint alleges, adding that the fact that they contain benzene “renders them 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 Food and Drug Administration (FDA) calls benzene a “Class 1 solvent.” The complaint quotes the FDA as saying that benzene “should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity.”
The complaint also quotes an article, “Facts About Benzene,” from the Centers for Disease Control and Prevention, as saying, “Direct exposure of the eyes, skin, or lungs to benzene can cause tissue injury and irritation.”
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.”
How do we know benzene has been found in the Suave products? The complaint alleges that Valisure, an online pharmacy, found high levels of benzene and other contaminants in certain batches of body sprays. According to the complaint, “Valisure tested the Products manufactured by [Unilever], which were found to contain as much as 5.21 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. The complaint alleges that the use of benzene in the body spray products was not “unavoidable,” since some of them did not contain detectable levels of benzene; and also that, “considering the long history and widespread use of these products, it also does not appear that they currently constitute a significant therapeutic advance.”
Unilever did not disclose that the products contained benzene.
Antiperspirant sprays, which are deemed to be over-the-counter (OTC) drugs, are regulated the FDA. The complaint alleges they are subject to current Good Manufacturing Practices (cGMP) regulations, the federal Food, Drug and Cosmetics Act (FDCA), and similar state laws and regulations.
The complaint alleges that Unilever “had and has a duty to ensure that its Products did not contain excessive (or any) levels of benzene, including through regular testing.” But it claims that Valisure’s results show that the company did not make reasonable efforts to test products for benzene or other impurities.
The counts include breaches of warranties and fraud, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Suave Antiperspirant Spray Benzene Content Complaint
November 12, 2021
Unilever United States, Inc. sells personal care products, including Suave antiperspirant aerosol and spray products. But the complaint alleges that the products contain benzene, a carcinogenic substance that has been linked to leukemia and other cancers. The products are not supposed to contain benzene, the complaint alleges, adding that the fact that they contain benzene “renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law.”
Suave Antiperspirant Spray Benzene Content ComplaintCase Event History
Suave Antiperspirant Spray Benzene Content Complaint
November 12, 2021
Unilever United States, Inc. sells personal care products, including Suave antiperspirant aerosol and spray products. But the complaint alleges that the products contain benzene, a carcinogenic substance that has been linked to leukemia and other cancers. The products are not supposed to contain benzene, the complaint alleges, adding that the fact that they contain benzene “renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law.”
Suave Antiperspirant Spray Benzene Content Complaint