Unilever Dry Shampoo Products Contain Benzene Class Action

Unilever United States, Inc. is part of an international entity with parent companies in the Netherlands and England, which owns some 400 brands of personal care products that are available around the world. At issue in this class action are its dry shampoos, in the Dove, Nexxus, Suave, TRESemmé, and Bed Head product lines, which the complaint alleges contain benzene, a substance which is “carcinogenic to humans.”

A class and two subclasses have been defined for this action:

• The Class is all persons who bought one or more of the products in the US for personal or household use within the applicable limitations period.
• The Illinois Subclass is persons in the above class who bought the products in Illinois.
• The Consumer Fraud Multi-State Subclass is all persons in the above class who bought the products in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, or Washington.

The products at issue include:

• 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 Dry Shampoo Refreshing Mist
• Nexxus Inergy Foam Shampoo
• Suave Dry Shampoo Hair Refresher
• Suave Professionals Dry Shampoo Refresh and Revive
• TRESemmé Dry Shampoo Volumizing
• TRESemmé Dry Shampoo Fresh and Clean
• TRESemmé Pro Pure Dry Shampoo
• 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

Unilever makes representations about the quality or safety of the products on its website, the complaint alleges, including, for example, that Dove “want[s] to give you products you can trust” and that Dove “care[s] about how we make our products and what goes into them.”

However, the complaint alleges that benzene has been found in the above products, although no benzene is listed on the ingredient labels.

The complaint reviews statements about benzene from the World Health Organization, the International Agency for Research on Cancer (IARC), the Department of Health and Human Services, and others, claiming that benzene is a carcinogen.

For example, the complaint alleges that IARC claims “that benzene causes acute myeloid leukemia (AML)” and “that benzene exposure has been linked with acute lymphocytic leukemia (ALL), chronic lymphocytic leukemia (CLL), multiple myeloma, and non-Hodgkin lymphoma.”

According to the complaint, studies from as long ago as 1939 claim that benzene is unsafe. The complaint alleges, “There is probably no safe level of exposure to benzene, and all exposures constitute some risk in a linear, if not supralinear, and additive fashion.”

Although the company has recalled the products, the complaint claims the recall is inadequate for a number of reasons, including that it is limited to products bought before October 2021, and that it will only provide a refund for one item without proof of purchase.

Article Type: Lawsuit
Topic: Consumer
Tags: Cancer Risk, Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels