OGX Dry Shampoo Contains Toxic Carcinogen Benzene, Class Action Alleges
Scott v. Johnson & Johnson Consumer, Inc. et al.
Filed: December 15, 2022 ◆§ 1:22-cv-07069
Johnson & Johnson Consumer and Vogue International LLC hit with a class action lawsuit alleging the companies’ OGX-brand dry shampoo contains the carcinogen benzene.
Johnson & Johnson Consumer and Vogue International LLC have been hit with a proposed class action lawsuit that alleges the companies’ OGX-brand dry shampoo contains dangerous levels of the carcinogen benzene.
According to the 24-page suit, the manufacturers “knowingly,” or at least “negligently,” marketed and sold dry shampoo products contaminated with “dangerously high levels of benzene” to consumers across the country, putting thousands at risk from the known human carcinogen.
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The case says that the chemical is “poisonous” at any level of exposure and that the companies “not only failed to properly test and quality-check [their] Products” but subsequently “concealed this fact [from] consumers.”
As the suit tells it, the presence of benzene in OGX dry shampoos—in particular the Extra Strength Dry Shampoo Coconut Miracle Oil variety—renders the products adulterated and misbranded—and thus illegal to sell under state and federal law.
Per the complaint, “[b]enzene is a component of crude oil, gasoline, and cigarette smoke” that has long been recognized by health organizations as a cancer-causing substance. The Food and Drug Administration (FDA) asserts that benzene should not be used in the production of drugs or consumer goods due to its “unacceptable toxicity,” the filing says.
The World Health Organization (WHO) and Centers for Disease Control and Prevention (CDC) both warn against direct exposure to benzene because of the chemical’s connection with harmful long-term effects on human health such as leukemia and other cancers, the lawsuit relays.
The presence of benzene in OGX dry shampoo was detected by Valisure, an independent laboratory established to test the quality of drug products and consumer goods, the suit says. According to the lawsuit, Valisure’s findings show that the level of benzene discovered in the products was almost double the concentration limit of two parts per million (ppm) determined by the FDA.
To test the products at issue, Valisure, the case explains, “directly [sampled] contaminated air after spraying dry shampoo products,” and stressed that the resultant risk of benzene inhalation was significant. Because dry shampoo products are typically sprayed indoors and in close proximity to the nose, mouth and eyes, the existence of benzene in OGX dry shampoo is “especially troubling,” the filing claims.
The lawsuit alleges that “no amount of benzene is acceptable” in products such as the OGX dry shampoos marketed and sold by Johnson & Johnson and Vogue International LLC.
Further, the complaint claims the defendants failed to warn consumers that the OGX products contained the carcinogen in amounts in excess of the FDA’s “emergency” concentration limit, in particular since there is no warning on the packaging and benzene is not listed in the ingredients. In fact, the case charges, the manufacturers “expressly” implied the products were safe for consumer use.
The defendants’ brands are well-established and trusted by consumers to honestly represent their goods and deliver safe products to shoppers, the filing contends.
The lawsuit looks to represent anyone in the United States who purchased an OGX-brand dry shampoo product for personal use.
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Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water.
Read more here: Camp Lejeune Lawsuit Claims
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