The deal, which the court preliminarily approved on October 28, covers consumers who, between November 15, 2015 and October 28, 2022, bought in the United States four- or six-ounce cans of Brut Classic Antiperspirant Aerosol, six-ounce Sure Regular Antiperspirant Aerosol and six-ounce Sure Unscented Antiperspirant Aerosol for personal, family or household use and not for resale.
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To submit a claim, head to this page. If you received direct notice of the settlement, enter yourpersonalized notice ID and confirmation code and hit “submit” to begin filling out your claim form. If you did not receive direct notice of the settlement and do not have a notice ID number, click the option on the right to proceed with your claim.
Claims must be submitted online or by mail by January 12, 2023. You must file a claim to receive compensation from the settlement. If you do nothing, you will receive no settlement payment and lose your right to sue over the allegations covered in the litigation.
The proposed class action detailed on this page was consolidated with one other suit on January 10, 2022. Both cases alleged the makers of Brut and Sure aerosol antiperspirants inappropriately marketed the products by failing to disclose that they contained benzene, a known carcinogen.
Payment amounts will be calculated based on the purchase price of the item, as shown by the proof of purchase. Those without proof of purchase will have their award determined by the average retail price for up to five products, plus a 10 percent sales tax allowance.
The total payment amount distributed to each class member may increase or decrease depending on the overall number of claims filed. If you already received a refund through the manufacturers’ February 2022 voluntary recall, the amount of money you receive through the settlement will be reduced by the amount you were refunded through the recall. Those who received a refund through the recall are urged to submit a settlement claim form as they may be entitled to additional money through the deal.
Money will begin to be distributed from the settlement if and when it receives final approval from the court and any appeals are resolved. Claimants can elect to receive their money via PayPal, Venmo, Zelle or direct deposit.
A final approval hearing is scheduled for March 13, 2023. To contact the settlement administrator, head to this page.
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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 now have the opportunity to claim compensation for harm suffered from contaminated water.