A proposed class action lawsuit claims one variety of Soft & Dri body spray contains undisclosed benzene, a known human carcinogen.
Filed against the body spray’s maker, The Village Company, LLC, the 23-page lawsuit says that the presence of benzene in Soft & Dri Classic, Signature Soft Scent is not disclosed anywhere on the product’s label. According to the suit, benzene is “a widely recognized and incredibly dangerous substance” that has been known to cause health issues ranging from anemia and immune system damage to cancer.
The lawsuit claims that consumers, relying on the defendant’s misrepresentation that Soft & Dri is safe to use, lost the benefit of their bargain when they purchased a contaminated product that is “in no way safe for humans and . . . entirely worthless.”
The lawsuit relays that the results of Valisure’s study were “concerning” given benzene exposure can be specifically avoided during the manufacturing process, such that the resulting body spray products have no benzene in them.
According to the case, direct exposure to benzene through the skin, such as when applied through a body spray, is “particularly concerning” in that even a low concentration of the substance can result in a high level of exposure.
Per the suit, The Village Company’s failure to disclose the presence of benzene on Soft & Dri product labels was “material and intentional” given consumers would not have purchased the body spray had they known it contained benzene.
The lawsuit looks to cover anyone who purchased the Soft & Dri, Signature Soft Scent product in the U.S. during the applicable statute of limitations period, with a proposed subclass for those who purchased the body spray in New York.
The case alleges The Village Company has violated New York's General Business Law. Among the plaintiff's claims is a request that The Village Company cover the costs of medical monitoring related to testing, tracking and remediating any effects from benzene exposure.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.