One of the first lawsuits was filed against Thriving Brands LLC and Henkel Corporation
On December 13, 2021, Peter Carbone filed a class action lawsuit against Thriving Brands LLC and Henkel Corporation in a New York federal court. The plaintiff claimed the manufacturers had used false, deceptive, and misleading advertising by not mentioning that their deodorants contained benzene, which is associated with certain blood cancers such as leukemia. He wants to represent a nationwide class, and a New York subclass of consumers who purchased any of the affected Right Guard body sprays anywhere in the country or state. "Consumers lack the meaningful ability to test or independently ascertain or verify whether a product contains unsafe substances, such as benzene, especially at the point of sale," states the class action lawsuit.
Additionally, the benzene deodorant manufacturers could be held liable for the following:
- defective design
- manufacturing defect
- consumer fraud
- negligence per se
- gross negligence
- fraudulent concealment
- fraudulent misrepresentation
- negligent misrepresentation
- breach of implied warranties
On January 18, 2022, Kristine Goytia filed a class action complaint against Unilever United States, Inc. She intended to represent a nationwide class and a New York subclass of consumers who purchased benzene deodorant from the manufacturer, too. "Benzene has been recognized, acknowledged, and accepted as a well-known health hazard and human carcinogen for approximately a century," the class action lawsuits stated. The plaintiff claims Unilever is guilty of unjust enrichment and fraudulent concealment, which violates New York General Business Law. However, Kristine Goytia voluntarily dismissed her own claim on February 24, 2022.
On May 3, 2022, the plaintiffs in the class action lawsuit against Procter & Gamble (MDL-3025) agreed to settle out of court. After the company's recall of the Old Spice and Secret deodorant body sprays with benzene, 47 consumers across the country filed lawsuits against the manufacturer, alleging it failed to test for benzene contamination and accusing it of continuing to sell tainted products, which constitutes fraud. That day, Procter & Gamble and multiple plaintiffs who had filed claims against it filed a joint notice in an Ohio federal court announcing they would reach a settlement agreement. "Counsel for the parties are working on executing a comprehensive settlement agreement," the notice stated.
There are other class action lawsuits filed against multiple benzene deodorant manufacturers across the nation, but these are the most relevant ones. If you developed leukemia after using one of the antiperspirant or deodorant body sprays found to contain benzene, we encourage you to contact our law firm, as we may be able to help you file a claim.
Our attorneys are ready to help you determine if qualify for filing a benzene deodorant claim
With over 25 years of experience in pursuing toxic exposure and defective product cases, our attorneys will gladly lend you a helping hand if you have been using a benzene deodorant and came to struggle with leukemia. Still, it is important to keep in mind that not everyone qualifies for filing a claim, as you must meet certain requirements. To find out whether you are entitled to financial compensation from the manufacturer, our legal team will have to carefully review your documents.
The only documents you will have to send in are proof of your use of benzene deodorant, such as receipts, and your medical records, clearly stating that your diagnosis is acute myeloid leukemia, acute lymphocytic leukemia, or chronic lymphocytic leukemia. If we determine you are eligible to file a benzene deodorant claim, our skilled attorneys will promptly begin working on it while you can go on with your usual life. Eventually, we may be able to obtain the money you deserve for your suffering.