When consumers buy personal-care products, they don’t have the ability to lab-test them by themselves. They must rely on the information disclosed on the labels. This class action brings suit against Walmart, Inc., alleging that it sells Equate Dry Spray, Cucumber, a body spray that contains benzene, even though this substance is not listed as either an active or an inactive ingredient in the spray.
The class for this action is all consumers who bought the product in the US during the applicable statute of limitations. A New York Subclass has also been proposed for those who bought the product in New York.
Benzene has been recognized as a human carcinogen for a long time. The complaint presents the opinions of a number of health organizations:
National Toxicology Program: Benzene is “known to be a human carcinogen based on sufficient evidence of carcinogenicity from studies in humans.”
International Agency for Research on Cancer: Benzene is “found to be carcinogenic to humans…”
Centers for Disease Control and Prevention: Benzene can lead to problems such as anemia, immune system damage, and cancer.
Because benzene is so harmful to humans, the complaint alleges that the Equate body spray products “are in no way safe for humans and are entirely worthless.”
The presence of benzene in personal care products is particularly alarming, the complaint alleges, because the main ways humans are exposed to benzene is by absorbing it through the skin or inhaling it. The Equate spray is meant to be sprayed directly on the body, the complaint says, with some of the product likely spreading through the air and getting inhaled. The complaint alleges, “Thus, even a relatively low concentration limit can result in a very high total benzene exposure.”
The benzene was found when a company called Valisure tested a number of body sprays. The complaint claims that the Equate spray was one that was found to contain benzene. The complaint says, “The concerning part is that benzene exposure in the manufacturing process can be specifically avoided so that the Product could have absolutely no benzene in [it].”
Also, the complaint contends that Walmart concealed the presence of benzene in the products in a way that was “material and intentional.”
The complaint accuses Walmart of false and misleading omissions and deceptive representations about the product. The counts include breaches of warranties, violations of New York’s General Business Law, and fraudulent concealment, among other things. The complaint also asks for medical monitoring for class members.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Walmart Sells Equate Dry Spray, Cucumber, Containing Benzene Complaint
December 14, 2021
When consumers buy personal-care products, they don’t have the ability to lab-test them by themselves. They must rely on the information disclosed on the labels. This class action brings suit against Walmart, Inc., alleging that it sells Equate Dry Spray, Cucumber, a body spray that contains benzene, even though this substance is not listed as either an active or an inactive ingredient in the spray.
Walmart Sells Equate Dry Spray, Cucumber, Containing Benzene ComplaintCase Event History
Walmart Sells Equate Dry Spray, Cucumber, Containing Benzene Complaint
December 14, 2021
When consumers buy personal-care products, they don’t have the ability to lab-test them by themselves. They must rely on the information disclosed on the labels. This class action brings suit against Walmart, Inc., alleging that it sells Equate Dry Spray, Cucumber, a body spray that contains benzene, even though this substance is not listed as either an active or an inactive ingredient in the spray.
Walmart Sells Equate Dry Spray, Cucumber, Containing Benzene Complaint