Deodorant body sprays are regulated as cosmetics by the Food and Drug Administration (FDA), under the Food, Drug and Cosmetics Act (FDCA). This law does not allow the sale of products that are adulterated or misbranded. This class action brings suit against My Imports USA, LLC for its Tag deodorant sprays, which the complaint alleges are misbranded because the contain concerning concentrations of benzene, a carcinogen.
The class for this action is all persons in the US who bought the Tag products. A New York Subclass has been proposed for all those who bought the products in New York.
The Department of Health and Human Services and the International Agency for Research on Cancer (IARC) have found that benzene is a carcinogen, linked to leukemia and other cancers. The FDA lists it 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.” There is no level of benzene exposure that is considered safe.
People can be exposed to benzene by inhalation, ingestion and skin absorption. This is concerning, since the Tag deodorant sprays are applied directly to the skin. The complaint alleges, “Skin absorption is particularly concerning as there have been multiple FDA studies showing that structurally similar chemicals in sunscreen products are found in the blood at high levels after application to exposed skin.”
Where the use of benzene is “unavoidable in order to produce a drug product with a significant therapeutic advance,” the FDA does permit its use in concentrations of up to 2 parts per million (ppm).
In November 2021, Valisure, an online pharmacy, tested a number of deodorant and antiperspirant body sprays, including some Tag deodorant sprays. All three types of Tag sprays were found to contain more than 2 ppm of benzene; one was found to contain 14.1 ppm.
The use of benzene in deodorant sprays is not “unavoidable,” nor does it produce any therapeutic advances. The Tag deodorant sprays are not intended to contain any benzene, and the company did not disclose the presence of benzene in them.
The complaint alleges, “If [My Imports] had fulfilled its quality assurance obligations, [it] would have identified the presence of the benzene contaminant almost immediately.” Also, if the company had done proper testing for benzene and other carcinogens, the complaint claims, it would have discovered benzene in the products at levels higher than those permitted by the FDA, “making those products ineligible for distribution, marketing, and sale.”
The counts include breaches of warranties, fraud, and violations of state consumer protection laws, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Tag Deodorant Sprays Benzene Content Complaint
December 3, 2021
Deodorant body sprays are regulated as cosmetics by the Food and Drug Administration (FDA), under the Food, Drug and Cosmetics Act (FDCA). This law does not allow the sale of products that are adulterated or misbranded. This class action brings suit against My Imports USA, LLC for its Tag deodorant sprays, which the complaint alleges are misbranded because the contain concerning concentrations of benzene, a carcinogen.
Tag Deodorant Sprays Benzene Content ComplaintCase Event History
Tag Deodorant Sprays Benzene Content Complaint
December 3, 2021
Deodorant body sprays are regulated as cosmetics by the Food and Drug Administration (FDA), under the Food, Drug and Cosmetics Act (FDCA). This law does not allow the sale of products that are adulterated or misbranded. This class action brings suit against My Imports USA, LLC for its Tag deodorant sprays, which the complaint alleges are misbranded because the contain concerning concentrations of benzene, a carcinogen.
Tag Deodorant Sprays Benzene Content Complaint