Brut, Sure antiperspirant benzene $3.65M class action settlement

Update:

• Top Class Actions readers reported this settlement paying out $10 as of Aug. 10, 2023.
• Congratulations to everyone who filed a claim and got paid!

Idelle Labs agreed to pay $3.65 million as part of a class action lawsuit settlement to resolve claims that certain Brut and Sure antiperspirant products contain benzene, a carcinogen. Class members may submit a claim with no proof of purchase.

The settlement benefits consumers who purchased the following products between Nov. 15, 2015, and Oct. 28, 2022:

• Brut Classic Antiperspirant Aerosol (4-ounce), UPC 00827755070085
• Brut Classic Antiperspirant Aerosol (6-ounce), UPC 000827755070108
• Sure Regular Antiperspirant Aerosol (6-ounce), UPC 00883484002025
• Sure Unscented Antiperspirant Aerosol (6-ounce), UPC 00883484002278

These Brut and Sure antiperspirant products were recalled in February after testing found “unexpected” levels of benzene — a human carcinogen linked to leukemia. 

Following the recall, consumers took legal action against the manufacturers and marketers for the products. According to the plaintiffs, the companies failed to disclose the presence of benzene in the products. Consumers say they wouldn’t have purchased the Brut and Sure antiperspirant products if they knew the truth about the presence of benzene. 

“The presence of benzene in the Products renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law,” the benzene contamination class action lawsuit contends. “As a result, the Products are unsafe and illegal to sell under federal law, and therefore worthless.”

Idelle Labs and parent company TCP Hot Acquisition haven’t admitted any wrongdoing but agreed to a $3.65 million class action settlement to resolve these allegations.

Under the terms of the antiperspirant benzene settlement, class members can receive a full or partial refund of their purchased products. 

With proof of purchase, class members can receive a payment based on the amount they paid for the antiperspirant products. 

Without proof of purchase, class members can claim up to five products per household. Payments will be based on the average retail price of the products. Actual payment amounts may vary depending on the number of claims filed with the settlement. 

These benefits are similar to the refund program offered by Idelle following the recall of its antiperspirant products. The company previously offered full refunds for up to three products without proof of purchase or all products with proof of purchase. 

Class members who received these refunds may have their settlement payments reduced by the amount received in previous refunds.

The deadline for exclusion and objection is Jan. 12, 2023. 

The final approval hearing for the Brut and Sure antiperspirant benzene class action lawsuit settlement is scheduled for March 13, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 12, 2023. 

Who’s Eligible

The settlement benefits consumers who purchased the following products between Nov. 15, 2015, and Oct. 28, 2022:

• Brut Classic Antiperspirant Aerosol (4-ounce), UPC 00827755070085
• Brut Classic Antiperspirant Aerosol (6-ounce), UPC 000827755070108
• Sure Regular Antiperspirant Aerosol (6-ounce), UPC 00883484002025
• Sure Unscented Antiperspirant Aerosol (6-ounce), UPC 00883484002278

Potential Award

Varies

Proof of Purchase

Proof of purchase not required, but could lead to a higher award

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/12/2023

Case Name

Final Hearing

03/13/2023

Settlement Website

SureandBrutSettlement.com

Claims Administrator

Brut and Sure Claim Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@sureandbrutsettlement.com
877-714-6664

Class Counsel

Jason Sultzer
THE SULTZER LAW GROUP PC

Defense Counsel

Amy P Lally
SIDLEY AUSTIN LLP