Emily Sortor , JJ Ko  |  March 21, 2023

Category: Beauty Products

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Product photo of Klorane dry shampoo.
(Photo Credit: Keith Homan/Shutterstock)

Update:

  • On March 10, 2023, plaintiffs Magdalena Bojko and Courtney Heeren filed a motion opposing defendant Pierre Fabre’s motion to dismiss the Klorane class action lawsuit. 
  • The plaintiffs argue that the findings of benzene contamination, even if in limited lots, are sufficient grounds for the lawsuit.
  • They also allege they sufficiently presented their Illinois Consumer Fraud and Deceptive Business Practices Act claim as Klorane failed to disclose the presence and proportion of benzene.
  • The motion claims the plaintiffs’ allegations that the “defendant put adulterated products into the marketplace without adequate testing or screening” sufficiently refute Pierre Fabre’s preemption argument because federal law specifically prohibits the sale of adulterated products.
  • It also states Pierre Fabre asserted its products were fit for use and that the plaintiffs relied on one or more of these statements when deciding to purchase the products.
  • The plaintiffs refute Pierre Fabre’s argument that the multistate claims should be dismissed and claim a class action is suitable to address the issue.

Klorane dry shampoo class action overview:

  • Who: Two customers sued Pierre Fabre USA Inc., the maker of Klorane dry shampoo.
    Why: The consumers claim that Klorane dry shampoo contains benzene, a carcinogen.
  • Where: The Klorane class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois.

(Dec. 7, 2022)

Two Illinois consumers claim that Klorane dry shampoo contains benzene, a human carcinogen. Their claims come alongside growing concern that many dry shampoo aerosol products contain benzene.

Plaintiffs Magdalena Bojko and Courtney Heeren claim they have each spent at least $40 on Klorane dry shampoo and purchased Klorane Dry Shampoo with Nettle and Klorane Dry Shampoo with Oat Milk. Allegedly, they relied on the labeling and advertisements of the products to make their purchasing decision. 

Bojko and Heeren claim that Pierre Fabre does not disclose the presence of benzene in its products so they purchased the dry shampoo believing it to be safe for use, according to the Klorane dry shampoo class action.

Klorane dry shampoo class action claims products contain cancer-causing benzene

Bojko’s and Heeren’s claims that Klorane dry shampoo contains benzene are part of a broader concern the carcinogen may be present in a range of aerosol dry shampoos. Valisure, an independent laboratory, petitioned the Food and Drug Administration (FDA) to test various dry shampoos for benzene after discovering the presence of the chemical in some products, the Klorane benzene lawsuit states.

Benzene appears in the aerosol Klorane dry shampoo as a propellant, allowing the product to be aerosolized, the class action claims. Allegedly, benzene and other volatile propellants are derived from crude oil. 

While people come into contact with low levels of benzene in many contexts, the FDA has determined that no level of exposure to benzene is safe, the Korane benzene class action states. It claims that benzene exposure has been linked to the development of many types of cancers.

Bojko and Heeren claim that when customers use the dry shampoo, they spray it very near their face in what is likely a closed environment, like a bathroom. This means they likely breathe in the product, according to the lawsuit. 

The consumers assert that they would not have purchased the dry shampoo if they had known that it contained benzene and was potentially dangerous to their health. They filed the Klorane dry shampoo class action lawsuit Dec. 1, 2022, seeking to represent themselves and all other consumers who were similarly affected. 

Bojko and Heeren also seek financial compensation for themselves and other consumers, claiming they were financially injured by Pierre Fabre and the company’s failure to adequately inform consumers of the benzene in Klorane.

Do you use Klorane dry shampoo? Let us know in the comments.

Magdalena Bojko and Courtney Heeren are represented by Gary Klinger, Nick Suciu III, Erin J. Ruben and Alex Honeycutt of Milberg Coleman Bryson Phillips Grossman PLLC, Jeff Ostrow and Kristen Lake Cardoso of Kopelowitz Ostrow Ferguson Weiselberg Gilbert and Max S. Roberts and Sarah N. Westcot of Bursor & Fisher PA.

The Klorane benzene class action lawsuit is Magdalena Bojko, et al. v. Pierre Fabre USA Inc., Case No. 1:22-cv-06728, in the U.S. District Court for the Northern District of Illinois.


Don’t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

20 thoughts onPlaintiffs urge judge not to dismiss Korane dry shampoo class action over benzene contamination

  1. Dalit Cohen says:

    Add me please

  2. Elizabeth Pearn says:

    I have been using Klorane dry shampoo for over five years and am extremely concerned. Is it too late to be added? Can someone please get in touch with an update on this lawsuit?

  3. Chelsea K. says:

    I’ve used this dry shampoo and have several unused bottles. How can I be added to this lawsuit?

  4. Aida says:

    Add me please

  5. Jan Bessel says:

    Have been using this product for some time now and am not happy finding this out.
    Please add me

  6. Bobbie Valerius says:

    I have used this dry shampoo alot, I just got more when I found out about the lawsuit. I Would love to know how I can continue with this class action lawsuit as well

  7. Bobbie Valerius says:

    I have used this dry shampoo for over a year now and I had just bought more when I found out about the lawsuit. I Would love to know how I can continue with this class action lawsuit as well

  8. Jacqulyn McGlynn says:

    Please add me to this action

  9. Isabella Zuleta says:

    Please add me

  10. Anna K says:

    I have used this dry shampoo for over a year and had just bought more when I found out about this. Would like to know how to continue with the class action lawsuit

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.