3M’s Ultrathon Aerosol Bug Repellent ‘Adulterated’ With Cancer-Causing Benzene, Class Action Alleges

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A proposed class action alleges 3M Company’s Ultrathon line of aerosol insect repellent is contaminated with excessive levels of benzene, a known human carcinogen. 

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The 42-page case says that 3M has failed to disclose to the public, either on product labels or in advertising, that the Ultrathon aerosol bug repellents are “adulterated” with excessive amounts of benzene, causing consumers to incur economic damages. The suit explains that benzene is used primarily as a solvent in the chemical and pharmaceutical industries and has been known to be hazardous to humans for “over one hundred years.” 

Per the complaint, the plaintiffs’ counsel in March of this year acquired six bottles of Ultrathon Insect Repellent aerosol products and submitted them for analysis by an independent, certified testing lab. The lawsuit says that each of the six bottles contained levels of benzene ranging from 11.633 parts per million (ppm) to 13.261 ppm.

A U.S. Environmental Protection Agency (EPA) review of non-cancer adverse health effects of benzene found that there is evidence to suggest that benzene is hematotoxic, i.e., poisonous to the blood and the organs and tissues that produce blood, in the 5 to 19 ppm range, the lawsuit states, noting that “even trace amounts” of the Class 1 solvent can pose a health risk. The EPA has set a maximum limit of 0.0005 ppm for benzene in drinking water, the suit says.

Per the FDA, a Class 1 solvent such as benzene “should not be employed in the manufacture of drug substances, excipients, and drug products because of [its] unacceptable toxicity,” the filing relays. 

The suit accuses 3M of failing to appropriately and adequately test Ultrathon for the presence of benzene so as to protect proposed class members from exposure. The filing emphasizes that benzene exposure through topically applied products, such as bug spray or sunscreen, is particularly concerning given the chemical’s increased absorption rate through the skin. 

The case goes on to allege that Ultrathon aerosol bug spray is misbranded under Maryland and California law because its label does not include a warning or caution statement related to the presence of benzene that, if complied with, would prevent injury to consumers. In both states, it is illegal to sell a misbranded or adulterated pesticide, the suit claims. 

The lawsuit looks to cover all consumers who bought 3M Ultrathon Insect Repellent aerosol spray in the United States and its territories at any time since October 2, 2019. 

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