Unilever Dry and Foam Shampoos Contaminated with Benzene Class Action

Many complaints have been filed about the benzene found in aerosol personal care products. The complaint for this class action brings suit against Unilever United States, Inc., alleging its dry and foam shampoo products under the Dove, Nexxus, Suave, TRESemmé, and Bed Head brands also contain benzene.

The Nationwide Class is all consumers who bought any Dove, Nexxus, Suave, TRESemmé, or Bed Head dry shampoo or foam shampoo in the US or its territories, between November 17, 2018 and the present, for personal use or consumption. Florida, Alabama, Connecticut, Georgia, North Carolina, and Texas Subclasses have also been defined for those in the above class who bought the products in the respective states.

The products include these dry and foam shampoos:

Dove

• Dove Dry Shampoo Volume and Fullness
• Dove Dry Shampoo Fresh Coconut
• Dove Dry Shampoo Fresh and Floral
• Dove Dry Shampoo Ultra Clean
• Dove Dry Shampoo Invisible
• Dove Dry Shampoo Detox and Purify
• Dove Dry Shampoo Clarifying Charcoal
• Dove Dry Shampoo Go Active

Nexxus

• Nexxus Dry Shampoo Refreshing Mist
• Nexxus Inergy Foam Shampoo

Suave

• Suave Dry Shampoo Hair Refresher
• Suave Professionals Dry Shampoo Refresh and Revive

TRESemmé

• TRESemmé Dry Shampoo Volumizing
• TRESemmé Dry Shampoo Fresh and Clean
• TRESemmé Pro Pure Dry Shampoo

Bed Head

• Bed Head Oh Bee Hive Dry Shampoo
• Bed Head Oh Bee Hive Volumizing Dry Shampoo
• Bed Head Dirty Secret Dry Shampoo
• Bed Head Rockaholic Dirty Secret Dry Shampoo

At some time in 2020, Valisure, an analytical pharmacy, tested sunscreen products and found that some aerosols contained benzene. The complaint calls benzene a “known human carcinogen” and claims, “The health hazards of benzene have been recognized for over one hundred years.”

In May 2021, Valisure filed a citizen petition with the Food and Drug Administration (FDA) asking it to recall lots of sunscreens that contained 0.1 parts per million (ppm) of benzene. An internal investigation by Johnson & Johnson, the complaint alleges, showed that the problem was the aerosol propellant.

On November 3, 2021, Valisure filed another citizen petition, this time asking for recalls of aerosol antiperspirant and deodorant products, including some Unilever products, which had also been found to contain benzene.

The complaint alleges that Unilever reviewed its products and, in March 2022, recalled two Suave 24-Hour Protection aerosol antiperspirants. The complaint claims the review found that the benzene “came from the propellant[.]”

“On October 18, 2022, almost 1 ½ years after Valisure’s initial disclosure of benzene contamination in dozens of aerosol sunscreen products, [Unilever] issued a second nationwide recall of 19 dry shampoo and foam shampoo aerosol products … again due to benzene contamination.” The complaint alleges it again cited the propellant as the problem.

The complaint alleges that Unilever should have detected the benzene sooner than it did because the law requires that “representative samples of each shipment of each lot” should be “to ensure compliance with all established specifications[.]” It claims Unilever chose to “maximize its profits and delay the costs of immediately recalling the defective products[.]”

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Deceptive Labels, Negligent Misrepresentation, Strict Product Liability—Failure to Warn, Strict Product Liability—Manufacturing Defect