in Newswire Published on May 17, 2023

Lume Deodorant’s ‘Clinically Proven’ Odor-Blocking Claim Is Deceptive, Class Action Alleges [DISMISSED]

Last Updated on January 18, 2024

Nelson v. Lume Deodorant, LLC

Filed: May 15, 2023 ◆§ 1:23-cv-03629

A class action lawsuit claims Lume Deodorant has misled consumers by advertising its products as aluminum-free and “clinically proven” to prevent body odor for up to 72 hours.

Defendant(s)

Lume Deodorant, LLC

Law(s)

Magnuson-Moss Warranty Act New York General Business Law

State(s)

New York

January 18, 2024 – Lume Deodorant Lawsuit Voluntarily Dismissed

The proposed Lume deodorant class action detailed on this page was voluntarily dismissed with prejudice by the plaintiff on December 13, 2023.

The plaintiff’s two-page notice of voluntary dismissal does not state a reason as to why the consumer opted to drop the lawsuit. In a November 21, 2023 letter to the court, counsel for Lume Deodorant asked for an extension in order to “have sufficient time to analyze the background of this action” and confer with the plaintiff to “determine if the parties can avoid motion practice and properly respond” to the consumer’s lawsuit.

The plaintiff dropped the case less than a month later.

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A proposed class action lawsuit claims Lume Deodorant has misled consumers by advertising its products as aluminum-free and “clinically proven” to prevent body odor for up to 72 hours.

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The eight-page lawsuit says that despite the company’s claims that a clinical study proved that the product could “block body odor all day, and continue to control odor for 72 hours,” the testing, in truth, determined only that Lume deodorant was superior to competitors, not that the product could limit body odor for the represented amount of time.

According to the suit, Lume’s statements are deceptive because the sample sizes in the study were “neither large nor diverse enough” to verify the claims of long-lasting odor control.

Further, the case argues that the representation that the Lume items are aluminum-free is misleading because “aluminum is not found in any deodorant products.”

Consumers reasonably assume “clinically proven” to indicate that a claim is backed by a “significant degree of scientific consensus” or that the study on which the statement is based has been peer-reviewed and otherwise validated, the complaint relays.

As a result of Lume’s misleading representations, the company is able to charge premium prices for its products, which reportedly cost between $15 and $18—more than double the price of competing deodorants, the filing shares.

The plaintiff, a New York resident, has bought Lume deodorant in the past year yet would not have paid as much for the product, or purchased it at all, had she known that clinical testing had not in fact proved Lume’s odor-blocking claims, the complaint says.

The lawsuit looks to represent anyone in New York, South Dakota, Utah, Idaho, Alaska or West Virginia who purchased a Lume deodorant product within the statute of limitations period.

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