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Sure Antiperspirant Spray Benzene Content Class Action

Sure antiperspirant comes in aerosol and spray forms. This class action brings suit against Helen of Troy Limited for these Sure products, alleging that they contain significant levels of benzene, a carcinogen that has been associated with leukemia and other cancers. Antiperspirants are not meant to contain benzene, and the complaint alleges that the presence of 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 complaint identifies benzene as “a component of crude oil, gasoline, and cigarette smoke” as well as “one of the elementary petrochemicals.” The Food and Drug Administration (FDA) calls benzene a “Class 1 solvent” and says that it “should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity.”

The complaint 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.”

The benzene was found by Valisure, an online pharmacy, which in November 2021 “detected high levels of benzene and other contaminants in specific batches of body spray products…” Valisure found that the Sure products contained as much as 11.1 parts per million (ppm) 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 that Valisure tested 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.”

No disclosure is made on the products to tell consumers that they contain benzene.

Antiperspirant body sprays are considered over-the-counter (OTC) drugs that 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 quotes FDA regulations as saying that drug makers must have “written procedures for production and process control designed to assure that the drug products have the identity, strength, quality, and purity [they] purport or are represented to possess.”

The company, the complaint claims, “had and has a duty to ensure that its Products did not contain excessive (or any) levels of benzene, including through regular testing.” It claims that if the company had performed proper testing, it would have discovered the presence of benzene immediately.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sure Antiperspirant Spray Benzene Content Complaint

November 15, 2021

Sure antiperspirant comes in aerosol and spray forms. This class action brings suit against Helen of Troy Limited for these Sure products, alleging that they contain significant levels of benzene, a carcinogen that has been associated with leukemia and other cancers. Antiperspirants are not meant to contain benzene, and the complaint alleges that the presence of benzene “renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law.”

Sure Antiperspirant Spray Benzene Content Complaint

Case Event History

Sure Antiperspirant Spray Benzene Content Complaint

November 15, 2021

Sure antiperspirant comes in aerosol and spray forms. This class action brings suit against Helen of Troy Limited for these Sure products, alleging that they contain significant levels of benzene, a carcinogen that has been associated with leukemia and other cancers. Antiperspirants are not meant to contain benzene, and the complaint alleges that the presence of benzene “renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law.”

Sure Antiperspirant Spray Benzene Content Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising