Degree Class Action Says DrySpray Doesn’t Reduce White Marks or Yellow Stains

A class action lawsuit has been filed against Conopco d/b/a Unilever by a consumer who claims that the company’s Degree MotionSense UltraClear Black + White DrySpray women’s antiperspirant spray is falsely advertised as being able to assist in reducing white marks or yellow staining.

Plaintiff Carla Been alleges that the UltraClear Black + White DrySpray line of Degree products are marketed as having a formula that assists in reducing white marks on dry clothes and yellow marks on white clothes. 

However, the Degree class action lawsuit claims the UltraClear deodorant line contains the same ingredients as the MotionSense DrySpray women’s antiperspirant and that there is nothing added to assist in being “anti yellow stains” or “anti white marks.”

“Compared to the non-‘Ultraclear’ version of women’s ‘MotionSense’ ‘Dryspray,’ ‘Ultraclear’ does not contain a single additional ingredient,” the plaintiff alleges.

The Degree DrySpray class action lawsuit states that the “yellow stains” and “white marks” that the UltraClear DrySpray antiperspirants are actually created by an active ingredient, Aluminum Chlorohydrate.

“In short, while ‘Ultraclear’ ‘DrySpray’ antiperspirant spray is marketed as being ‘anti’ white marks and stains, it is nothing more than a less-effective version of Degree’s women’s regular ‘Motionsense’ ‘DrySpray’ antiperspirant sprays that causes the very problem it claims to solve,” the Degree class action lawsuit alleges.

The plaintiff says that it has long been known that “yellow stains” and “white marks” are caused by aluminum in antiperspirants.

The Degree class action lawsuit claims that the one difference between the Degree’s UltraClear Black + White and the non-Ultraclear DrySpray line is that the Aluminum Chlorohydrate is diluted from 23.3 percent to 20.2 percent.

“A normal consumer is unable to determine simply by reading the claims on the Product packaging and/or the Product’s ingredient list that it actually contains nothing that ‘helps to reduce’ or otherwise is ‘anti’ to white marks and yellow stains,” the Degree class action lawsuit states.

The plaintiff claims that a normal consumer is not aware that Aluminum Chlorohydrate is an important factor that adds to and causes the “yellow stains” and “white marks” that the products are supposed to help reduce.

In addition, the Degree class action lawsuit states that it is cheaper for the defendant to make the Black + White DrySpray product, which is a diluted version of the regular antiperspirant.

The plaintiff claims that the defendant did its own testing of the antiperspirant before it was to be offered for sale. This testing, the plaintiff says, would have made the defendant conscious that the product leaves white marks and causes yellow staining.

“Despite this, Defendants purposely made the False Claims in order to induce the false belief in consumers that they were purchasing a product that caused no white marks or yellow stains on their clothing and instead was ‘anti yellow stains & white marks,’” the Degree class action lawsuit claims.

The plaintiff alleges breach of warranty, breach of implied contract, unjust enrichment, violation of Missouri Misleading, False, and Deceptive Marketing law, and injunctive relief.

The proposed Class Members include: “All persons who purchased ‘Degree’-branded women’s ‘MotionSense’ ‘UltraClear Black + White’ ‘DrySpray’ antiperspirant spray during the class period in the United States.”

Did you purchase a Degree antiperspirant product that you thought would reduce white marks and yellow stains? Leave a message in the comments section below.

The plaintiff is represented by Daniel F. Harvath of the Harvath Law Group LLC.

The Degree Antiperspirant Class Action Lawsuit is Been v. Conopco Inc., Case No. 4:19-cv-02703, in the U.S. District Court for the Eastern District of Missouri.

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