Class Action Lawsuit Alleges Loews Hotels ‘Flood[s]’ Common, Private Areas with Synthetic Fragrances

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A proposed class action lawsuit alleges that Loews Corporation has violated the federal Americans with Disabilities Act (ADA) at its hotels nationwide by dispersing synthetic fragrances throughout the properties, effectively denying guests with chemical sensitivities and related disabilities equal access to its facilities.

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The 39-page complaint contends that Loews has failed to uphold the accessibility standards promoted throughout its website and marketing materials by pumping guest rooms and common spaces with synthetic fragrances that may trigger adverse health reactions in individuals with chemical sensitivities.

According to the lawsuit, large facilities such as hotels, restaurants, banks, stores and medical offices commonly disperse synthetic fragrances via commercial scent-dispersion machines, including those that can be integrated into HVAC systems, that atomize fragrance compounds and circulate them throughout properties. The complaint alleges that Loews also employs other fragrance-delivery methods, such as portable diffusers, wall plug-ins, and evaporative scent systems, that increase health risks for visitors.

The class action lawsuit argues Loews guests are exposed to the fragrances without warning or the opportunity to consent and may encounter them immediately upon entering a hotel. As such, the suit argues, prospective guests have no meaningful opportunity to learn about or avoid fragrance exposure before arriving at a Loews property.

“Vis-à-vis this equipment and process, visitors can be assured a dose of toxins purportedly marketed to enhance visitor experience, but likely to cause skin, respiratory, gastrointestinal, cognitive and other harms,” the filing stresses.

According to the complaint, synthetic fragrances are mixtures of volatile compounds, many of which are derived from petrochemicals. The case stresses that fragrance is a known respiratory irritant and neurological toxin, and when its constituents react with oxidants in the air, they can form secondary pollutants such as formaldehyde and acetaldehyde, the suit says.

The complaint reiterates that exposure to synthetic fragrances can trigger a range of adverse reactions, particularly among people with chemical sensitivities, asthma, sensory issues, and other conditions. Per the suit, fragrance reactions can include migraines, allergic reactions, dizziness, seizures, skin irritations, difficulty thinking, and other respiratory, immune system, gastrointestinal, cardiovascular and musculoskeletal problems.

Despite these potential side effects, businesses continue to use synthetic fragrances because they are believed to be a quick fix that can enhance customer experiences and create brand recognition, the lawsuit claims.

“This is intended to trick visitors into associating Defendant’s Facilities with cleanliness by masking odors such as mold, and to suggest that the Facilities’ unique smell is tantamount to Defendant being a unique (and, thus, coveted) company, worthy of Class members’ patronage,” the filing asserts.

The suit further contends that Loews’ fragrance practices contradict the accessibility and ADA commitments promoted by the company and representations that its properties are welcoming to all guests with disabilities.

The Loews hotel class action lawsuit seeks to represent all chemically sensitive (disabled) United States residents who, as a result of their disabled status and due to the hotel’s use of synthetic fragranced consumer products, were denied safe, full and equal access to and enjoyment of Loews’ facilities, and seek to enjoin the chain from using these products at its facilities.

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