The settlement terms will benefit consumers who bought Secret, Old Spice, Pantene, Waterl<ss, Aussie, Herbal Essences or Hair Food aerosol antiperspirant, deodorant, body spray, dry shampoo, or dry conditioner products between Nov. 4, 2015, and Dec. 31, 2021. The plaintiffs in this class action lawsuit claimed that the aerosol products sold by P&G were contaminated with benzene. It is imperative to note here that benzene is naturally formed in forest fires and volcanoes. According to the U.S. Centers for Disease Control and Prevention, it is also produced as a by-product in producing synthetic products like gasoline and crude oil. Despite being used in making plastics and other synthetics, benzene is a known carcinogen that has been associated with leukemia.
Settlement website – AerosolSpraySettlement.com
Objection deadline – 01/26/2023
Exclusion deadline – 01/26/2023
Claim Form – https://www.aerosolspraysettlement.com/DynamicForms2/1549/Form/975bc7f2-a106-4c56-8a3c-56f93ee65fd4
Deadline for submitting the claim – 01/26/2023
Final Hearing date – 05/30/2023
Settlement amount – $8 million
Potential claim amount – Variable
Proof of purchase – A dated receipt or any other document acting as evidence of the class member’s purchase of either one or more P&G aerosol products between 4th November 2015 and 31st December 2021 will serve as proof of purchase. Class members are eligible to receive a maximum compensation of $10.50 or applicable vouchers without proof of purchase and compensation for each eligible product purchased with proof of purchase.
The benzene contamination came under public radar after a study conducted by independent analytical pharmacy Valisure which found traces of cancer-causing chemical benzene in aerosol products and cosmetics. Beneze is a Group 2A carcinogen and as per the U.S. National Toxicology Program (NTP), inhalation exposure above 0.1 ppm increases the risk of leukemia. Beneze exposure is known to cause dizziness, headaches, fatigue, nausea, and other health hazards. As per the lawsuit, Procter & Gamble failed to explicitly mention the use of benzene in its advertising campaigns and thus violated fair advertising rules. The business also ignored consumer health risks arising out of using products containing benzene.
Different aerosol products of P&G were recalled in December 2021 due to benzene contamination. These recalls were followed by several class action lawsuits that claimed that consumers wouldn’t have purchased them had they known about carcinogen exposure from using these products. The plaintiffs sought refunds for the aerosol products purchased from P&G and also compensation for false advertising in the consolidated case. Though P&G hasn’t admitted to any wrongdoing, they have agreed to resolve these allegations with an $8 million class action settlement.
Under the settlement terms, each class member is eligible for a cash payment depending on the number of products bought by them and whether they can submit valid proof of purchase. Plaintiffs can claim either $3.5 in cash or a voucher for the same product bought. The value of the voucher will vary according to brand and type; $5 for Old Spice Hair; $6 for Aussie; $7 for Old Spice, Secret, or Herbal Essences; $9 for Pantene or Waterl<ss; and $10 for Hair Food.
Class members can claim up to three products without proof of purchase with a maximum payment of $10.50 or applicable vouchers. They will be eligible to receive compensation for each eligible product bought with valid proof of purchase. Apart from the monetary payments, the Procter & Gamble settlement will also offer non-monetary relief like the implementation of finished product testing, material testing, and other measures which will monitor benzene contamination in days to come.
