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Several leading dry shampoo manufacturers, including Sun Bum, Paul Mitchell, and Batiste, have faced proposed class action lawsuits after reports revealed dangerously high levels of benzene in some of their products. Benzene is a known carcinogen linked to leukemia and other cancers. A settlement of $2.5 million was reached in the Batiste consumer class action lawsuit.
Updates on Batiste Dry Shampoo Consumer Fraud Case
A federal court approved a $3.1 million settlement to resolve a consumer fraud class action concerning Batiste dry shampoo products. The lawsuit alleged that consumers were misled into believing the products were safe and free from harmful chemicals like benzene.
The settlement includes a $2.5 million cash fund for payments to consumers and $600,000 in vouchers.
While the claim period for the 2024 case has passed, the individual payouts were relatively small. If you believe you have a claim for damages, contact Nguyen Injury Lawyer at (713) 747-7777 for a free consultation.
Overview of the Dry Shampoo Lawsuits
S.C. Johnson & Son, the parent company of Sun Bum, along with John Paul Mitchell Systems and Church & Dwight Co., the makers of Batiste, are all implicated in these lawsuits. The lawsuits allege that the presence of benzene in these companies’ aerosol dry shampoos constitutes product adulteration and misbranding, making their sale illegal under federal and state laws.
The specific products mentioned in the lawsuits include Sun Bum Beach Formula Dry Shampoo, Paul Mitchell Invisiblewear Brunette Dry Shampoo, and 13 varieties of Batiste dry shampoo. The presence of benzene is especially concerning because dry shampoo is often used in large quantities, applied directly to the scalp and hair, and primarily used indoors, increasing the risk of inhalation.
The lawsuits emphasize that benzene is not listed as an active or inactive ingredient on the product labels. Benzene, a component of crude oil, gasoline, and cigarette smoke, poses a significant health hazard. The complaints argue that the manufacturers either misrepresented their products as benzene-free or failed to disclose the presence of benzene. Proper quality assurance should have identified the benzene contamination promptly. Adequate testing for benzene and other toxins would have revealed that the products contained benzene levels exceeding the FDA’s limit.
The class action complaints explain that aerosol products like dry shampoos use liquefied or compressed gas to expel their contents. Common aerosol propellants, such as butane, isobutane, and propane, are typically derived from crude oil in oil refineries. These refineries also produce other volatile hydrocarbons, including benzene, which can lead to product contamination.
On October 31, 2022, Valisure, an independent laboratory, submitted a citizen petition to the FDA detailing its detection of high benzene levels in specific batches of certain dry shampoo products. Valisure’s testing of 148 batches from 34 brands revealed that 70 percent, including Sun Bum, Paul Mitchell, and Batiste dry shampoos, contained benzene.
While the FDA permits up to two parts per million (ppm) of benzene in certain drug products when its use is unavoidable, the benzene levels in the defendants’ products far exceeded this limit. The lawsuits argue that dry shampoos do not need to contain any benzene. Valisure maintains that any significant detection of benzene in these dry shampoos, which contain no active pharmaceutical ingredient for therapeutic purposes, should be deemed unacceptable.
The class action lawsuits seek to represent consumers nationwide who purchased the allegedly contaminated Sun Bum, Paul Mitchell, or Batiste dry shampoos for personal or household use, not for resale. These lawsuits highlight the importance of manufacturers’ responsibility to ensure product safety, transparency, and legal compliance. If you believe you have suffered damages, contact Nguyen Injury Lawyer through our contact page at https://www.nguyeninjurylawyer.com/contact.
Understanding Benzene
Benzene is a colorless or light-yellow liquid chemical at room temperature with a sweet smell and high flammability. It is used in the production of plastics, resins, synthetic fibers, rubber, dyes, detergents, drugs, pesticides, and, as recent findings show, dry shampoos. It is also a natural component of crude oil, gasoline, and cigarette smoke.
Exposure to benzene poses several health risks:
Acute Effects
Short-term exposure to high levels of benzene can cause dizziness, confusion, headache, tremors, unconsciousness, and even death in severe cases. Inhalation or ingestion of benzene can irritate the eyes, skin, and respiratory tract.
Chronic Effects
Long-term exposure to benzene can affect the bone marrow, leading to anemia and a decrease in blood platelets, which can result in excessive bleeding. It can also weaken the immune system, increasing the risk of infection.
Cancer Risk
Benzene is classified as a Group 1 carcinogen by the International Agency for Research on Cancer (IARC), indicating sufficient evidence that it can cause human cancer. Long-term exposure to benzene has been linked to leukemia and non-Hodgkin lymphoma. Some studies have also suggested a potential link between benzene exposure and other cancers, such as lung and bladder cancer.
Benzene exposure can occur through inhalation of contaminated air, consumption of contaminated food or water, or skin contact with benzene-containing products. Certain occupations, such as those in the petroleum, rubber, chemical, and shoe manufacturing industries, may involve higher benzene exposure.
Given the severe health risks associated with benzene, its use is highly regulated, and alternatives are often sought in product manufacturing. The U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict permissible exposure limits for benzene in the workplace. However, no level of benzene exposure is considered completely safe, and efforts should always be made to minimize contact with this substance.
If a product contains benzene, it is considered adulterated and misbranded. Benzene is a toxic and harmful substance linked to cancer and is dangerous in any quantity. If the product is manufactured unsanitarily, it becomes adulterated, contaminating benzene. If the product’s labeling fails to disclose the presence of benzene or doesn’t list “benzene” as an ingredient, and if a warning about benzene is needed to prevent health hazards, the product is considered “misbranded.”
The Defendants in Dry Shampoo Benzene Lawsuits
The defendants named in the dry shampoo benzene lawsuits include some of the leading manufacturers of hair care products in the U.S.
Sun Bum
Sun Bum is a lifestyle brand founded in 2010 in Florida. The company focuses on products designed to protect those who enjoy spending time in the sun. Sun Bum offers a range of sun care products, including sunscreens, lip balms, and hair care products, such as dry shampoos and lotions. Their products are known for their quality and tropical scents.
Paul Mitchell
Paul Mitchell is a well-known professional hair care brand established in 1980 by John Paul DeJoria and Paul Mitchell. The brand offers a diverse range of hair care products and styling tools, including shampoos, conditioners, hair treatments, and hair color products. It is recognized for its commitment to professional hairdressers and stylists, offering them high-quality, salon-only products. Paul Mitchell is also known for its social and environmental commitment, pioneering cruelty-free product testing in the beauty industry.
Batiste
Batiste is a British hair care brand famous for its dry shampoo products. Founded in the 1970s, Batiste focuses on providing a quick and convenient way to refresh hair between washes using dry shampoo. The brand offers a range of dry shampoos for different hair types and colors and has expanded to include various fragrances and sizes. Batiste’s products are designed to refresh hair between washes, adding body and texture.
Batiste and Benzene Contamination in 2024
While certain batches of Batiste Dry Shampoo were found to contain benzene, current reports indicate that the 2024 batches of Batiste dry shampoo are benzene-free.
Batiste Dry Shampoo Settlement Details
The manufacturers of Batiste Dry Shampoo agreed to a $2.5 million settlement in a class action lawsuit due to the presence of benzene in the aerosol spray cans. The plaintiffs argued that this exposure increased their risk of cancer. The lawsuit, initiated in November 2022, claimed that Church & Dwight, Co., the manufacturer, was aware or should have been aware of the benzene content in its products, yet promoted the spray cans as a safe and efficient substitute for traditional hair washing.
To file a claim, customers needed to provide details about their purchases and select their preferred method of compensation by November 15, 2023. The Batiste settlement provided a full refund for those with proof of purchase and up to $10 for those without proof.
This settlement pertains to a consumer class action lawsuit, not personal injury claims. If you believe you have a personal injury claim, contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com or call us at (713) 747-7777 for a free consultation.