“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 contests.
The suit argues that consumers expect a product’s packaging and labeling to list every ingredient or substance contained therein. The fact that the labels of the Victoria’s Secret body sprays do not mention, much less warn, that benzene is an ingredient is enough to lead consumers to believe that the products do not contain the unsafe substance, the case says.
Citing the National Toxicology Program and Centers for Disease Control and Prevention, the lawsuit relays that benzene has been found to be a carcinogen to humans, and is linked to severe health issues that include anemia and immune system damage. Direct benzene exposure, such as through the skin or lungs, can be particularly harmful, as even a relatively low amount of the substance can result in very high total benzene exposure, the suit says.
The lawsuit, referencing the same Valisure LLC citizen petition mentioned in previous litigation, says the online pharmacy found that the Victoria’s Secret Him body sprays at issue in the suit were among many similar products containing the harmful chemical.
The suit alleges Victoria’s Secret & Co. and Victoria’s Secret Stores Brand Management, LLC’s concealment of the presence of benzene in the Him body sprays was “material and intentional” given the companies know that consumers are concerned about what is in the products they put in and onto their bodies.
“Defendants know that if they had not omitted that the Products contained benzene, then Plaintiff and the Class would not have purchased the Products at all,” the case alleges.
The lawsuit looks to represent all consumers who purchased Victoria’s Secret Him Platinum or Deepwater body sprays in the United States during the applicable statute of limitations period.
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Hair Relaxer Lawsuits
Women who developed cancer, endometriosis or reproductive problems after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.