The complaint for this class action argues that “body spray products that contain benzene are in no way safe for humans and are entirely worthless.” At issue in this case is Summer’s Eve Ultra Freshening Spray, 5 in 1, made by Prestige Consumer Healthcare, Inc., which the complaint alleges is contaminated with concerning levels of benzene, a carcinogen.
The class for this action is all consumers who bought the product in the US during the applicable statute of limitations. A New York Subclass has also been proposed for those who bought the product in New York.
Consumers are increasingly worried about the presence of synthetics and chemicals in the products they use, eat, and apply to their bodies. But consumers are unable to test products themselves. They rely on advertising and labels to tell them honestly what products contain.
Although the Summer’s Eve spray lists both active and inactive ingredients, no benzene is mentioned. The complaint alleges that the presence of benzene was intentionally concealed.
Benzene has been recognized as a human carcinogen for a long time. The complaint presents the opinions of a number of health organizations:
National Toxicology Program: Says it is “known to be a human carcinogen based on sufficient evidence of carcinogenicity from studies in humans.”
International Agency for Research on Cancer: Benzene is “found to be carcinogenic to humans…”
Centers for Disease Control and Prevention: Says it can lead to problems such as anemia, immune system damage, and cancer.
The presence of benzene in personal care products is particularly alarming, because the main ways humans are exposed to benzene is by absorbing it through the skin or inhaling it. The Summer’s Eve spray is meant to be sprayed directly on the body, the complaint says, with some of the product likely spreading through the air and getting inhaled. The complaint alleges, “Thus, even a relatively low concentration limit can result in a very high total benzene exposure.”
The benzene was found when a company called Valisure tested a number of body sprays. The complaint claims that the Summer’s Eve spray was one that was tested and found to contain benzene. The complaint says, “The concerning part is that benzene exposure in the manufacturing process can be specifically avoided so that the Product could have absolutely no benzene in [it].”
The counts include breaches of warranties, violations of consumer protection laws, and fraudulent concealment, among other things, and ask for medical monitoring.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Summer’s Eve Ultra Freshening Spray Benzene Content Complaint
November 26, 2021
The complaint for this class action argues that “body spray products that contain benzene are in no way safe for humans and are entirely worthless.” At issue in this case is Summer’s Eve Ultra Freshening Spray, 5 in 1, made by Prestige Consumer Healthcare, Inc., which the complaint alleges is contaminated with concerning levels of benzene, a carcinogen.
Summer’s Eve Ultra Freshening Spray Benzene Content ComplaintCase Event History
Summer’s Eve Ultra Freshening Spray Benzene Content Complaint
November 26, 2021
The complaint for this class action argues that “body spray products that contain benzene are in no way safe for humans and are entirely worthless.” At issue in this case is Summer’s Eve Ultra Freshening Spray, 5 in 1, made by Prestige Consumer Healthcare, Inc., which the complaint alleges is contaminated with concerning levels of benzene, a carcinogen.
Summer’s Eve Ultra Freshening Spray Benzene Content Complaint