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Walmart Equate Spray On Antiperspirant Benzene Content Class Action

In recent months, a number of class actions have been filed against companies that make or sell personal products that the complaints allege have been found to contain benzene, a human carcinogen. This is another such case, brought against Walmart, Inc., alleging that certain Equate body spray antiperspirant products contain concerning concentrations of benzene.

The class for this action is all persons who bought one of more of Walmart’s affected products in the US, for personal or household use, within the applicable statutes of limitations period.

Antiperspirants are classified as over-the-counter drugs, and they are therefore regulated by the FDA.

Valisure is an independent pharmacy that tests consumer products for safety. On November 3, 2021, it filed a citizen petition with the Food and Drug Administration (FDA) asking it to recall certain batches of Walmart’s Equate body spray antiperspirants that contained benzene, claiming that they were adulterated under the Food, Drug and Cosmetics Act (FDCA).

The complaint quotes David Light, the founder and CEO of Valisure as saying, “The presence of this known human carcinogen in body spray products regularly used by adults and adolescents in large volumes makes this finding especially troubling[.]”

Benzene has been declared a carcinogen by a number of organizations, including the World Health Organization, the Agency for Research on Cancer, and the Department of Health and Human Services. The complaint alleges, “Benzene exposure has been linked with acute lymphocytic leukemia, chronic lymphocytic leukemia, multiple myeloma, and non-Hodgkin lymphoma.”

According to the complaint, “[w]here the use of benzene … is unavoidable, the FDA has stated that the levels should be restricted, and benzene is restricted under such guidance to 2 parts per million” (ppm). But the levels shown in the Valisure tests are much higher.

Valisure tested 108 batches of thirty brands of deodorant and antiperspirant. Twenty-four of those products or product line batches contained 2 ppm or more. The concentrations of benzene found in the Equate products range from 3.21 ppm (or 60.5% higher than the FDA’s 2 ppm limit when the use of benzene is “unavoidable”) to 6.15 ppm (more than three times the FDA’s concentration limit when the use of benzene is “unavoidable”).

Benzene is not disclosed as an ingredient on the products’ labels or on the company’s product page on its website. The complaint alleges that Walmart’s “advertising campaigns are false and misleading. The presence of benzene in the Affected Products renders the Affected Products illegal and unfit for sale in trade or commerce.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Walmart Equate Spray On Antiperspirant Benzene Content Complaint

December 29, 2021

In recent months, a number of class actions have been filed against companies that make or sell personal products that the complaints allege have been found to contain benzene, a human carcinogen. This is another such case, brought against Walmart, Inc., alleging that certain Equate body spray antiperspirant products contain concerning concentrations of benzene.

Walmart Equate Spray On Antiperspirant Benzene Content Complaint

Case Event History

Walmart Equate Spray On Antiperspirant Benzene Content Complaint

December 29, 2021

In recent months, a number of class actions have been filed against companies that make or sell personal products that the complaints allege have been found to contain benzene, a human carcinogen. This is another such case, brought against Walmart, Inc., alleging that certain Equate body spray antiperspirant products contain concerning concentrations of benzene.

Walmart Equate Spray On Antiperspirant Benzene Content Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels