A proposed class action alleges certain Brut- and Sure-brand body spray products contain benzene, a known human carcinogen, and are thus unsafe to use and “entirely worthless.”
The 23-page complaint says that although defendant Tengram Capital Partners lists on each Brut and Sure body spray the products’ active and inactive ingredients, the presence of benzene is undisclosed. As such, the labeling of Sure Lasts All Day, Unscented and Brut Classic, 24-Hr Protection aerosol body sprays is “false, deceptive, and misleading,” the suit alleges, claiming consumers bought the products in reliance on Tengram’s “misrepresentations and omissions.”
“Consequently, Plaintiff and Class Members lost the entire benefit of their bargain when what they received was a body spray product contaminated with a known carcinogen,” the complaint alleges. “That is because Defendant’s products containing a known human carcinogen have no value.”
Per the case, consumers have become increasingly concerned about the effects of synthetic and chemical ingredients found in various products. Many companies, in response, have attempted to capitalize on consumers’ desire for safe and healthy products, the lawsuit says, stressing that buyers do not possess the meaningful ability to test or independently verify whether an item contains an unsafe substance, such as benzene. It is therefore up to companies to truthfully and honestly report on a product’s label what the item contains, the suit relays.
The lawsuit says that consumers who view the packaging of the Brut and Sure body sprays at issue will see no mention of benzene.
“Benzene is not listed in the ingredients section, nor is there any warning about the inclusion (or even potential inclusion) of benzene in the Products,” the complaint reads, alleging that the non-disclosure has led reasonable consumers to believe the body sprays do not contain dangerous chemicals.
Per the case, it has long been confirmed that there is no safe level of benzene exposure as the substance has been “recognized, acknowledged, and accepted” as a health hazard and human carcinogen for roughly a century. Benzene exposure, according to the Centers for Disease Control and Prevention, can cause health issues such as anemia, immune system damage and cancer, the lawsuit states, relaying that direct benzene exposure through the skin is of particular concern.
Cited in the complaint is study published by online pharmacy Valisure LLC that found that benzene has been found in many body sprays, including Brut Classic, 24-hr Protection and Sure, Lasts All Day, Unscented.
According to the lawsuit, benzene exposure in the manufacturing process can be specifically avoided so as to ensure the Brut and Sure body sprays “could have absolutely no benzene in them.” The suit argues that Tengram’s alleged concealment of benzene in the body sprays was material and intentional in light of the fact that consumers are concerned about what is in the products they purchase and put onto and into their bodies.
“Consumers such as Plaintiff and the Class Members are influenced by the ingredients listed,” the suit reads. “Defendant knows that if it had not omitted that the Products contained benzene, then Plaintiff and the Class would not have purchased the Products at all.”
The lawsuit looks to represent all consumers who bought the Brut or Sure body sprays in the United States during the applicable statute of limitations period.
In addition to monetary relief, the plaintiff, a New York consumer, asks the court to injunctively compel Tengram to implement and fund a blood serum testing program for proposed class members to test for the presence of benzene in their blood, as well as medical monitoring to adequately track any harmful effects from benzene exposure.
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Camp Lejeune residents may soon have the opportunity to claim compensation for harm suffered from contaminated water.