Abraham Jewett  |  November 8, 2022

Category: Beauty Products

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Retail display in the hair care aisle of Not Your Mothers Clean Freak Dry Shampoo bottles.
(Photo Credit: melissamn/Shutterstock)

Not Your Mother’s dry shampoo benzene class action lawsuit overview: 

  • Who: Janine Zamora filed a class action lawsuit against DeMert Brands LLC. 
  • Why: Zamora claims DeMert manufactured and sold Not Your Mother’s brand dry shampoo products contaminated with the cancer-causing chemical Benzene. 
  • Where: The class action lawsuit was filed in Florida federal court. 

DeMert Brands manufactured and sold Not Your Mother’s brand dry shampoo products that were adulterated and/or contaminated with the cancer-causing chemical benzene, a new class action lawsuit alleges. 

Plaintiff Janine Zamora claims DeMert represents that its Not Your Mother’s brand dry shampoo products are “safe and effective for their intended use” despite them allegedly being found to contain benzene. 

Zamora argues the Not Your Mother’s brand dry shampoo products were “specifically identified” by an independent testing agency as containing levels of benzene that exceed permissible levels set by the U.S. Food and Drug Administration. 

“The presence of benzene in Defendant’s Products was not disclosed to consumers in the Products’ labelling, advertising or otherwise, in violation of state and federal law,” states the Not Your Mother’s class action. 

Zamora wants to represent a nationwide class and Florida subclass of consumers who purchased a Not Your Mother’s dry shampoo product for personal use or consumption that was contaminated with benzene. 

DeMert accused of failing to ‘control for benzene contamination’ in its ‘adulterated’ dry shampoo products

DeMert’s “failure to control for benzene contamination” and “minimized notification of the importance and risks of benzene” in its “adulterated” products constitutes “unfair and deceptive conduct,” the Not Your Mother’s class action alleges. 

Zamora claims DeMert is guilty of breach of express warranty, breach of implied warranty, and unjust enrichment, and in violation of the Florida Deceptive and Unfair Trade Practices Act

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, statutory, and punitive damages for herself and all class members. 

Unilever initiated a recall last month for aerosol dry shampoo products sold under the brands Nexxus, Suave, Dove, TIGI, and TRESemmé over concerns they contained an elevated level of benzene

Have you purchased a product that was contaminated with benzene? Let us know in the comments! 

The plaintiffs are represented by Kristen Lake Cardoso, Jeff Ostrow, and Jonathan M. Streisfeld of Kopelowitz Ostrow Ferguson Weiselberg Gilbert. 

The Not Your Mother’s dry shampoo benzene class action lawsuit is Zamora v. DeMert Brands, LLC, Case No. 0:22-cv-62054, in the U.S. District Court for the Southern District of Florida.


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441 thoughts onNot Your Mother’s dry shampoo class action alleges products contaminated with benzene

  1. Jessica Seay says:

    I have used the NYM dry shampoo for a few years. What will become of this? Thank you.

  2. Sherry Rosen says:

    I have been using NYM product for about a year, and have most recently started using the dry shampoo. Thank goodness, I’ve only used it twice. Sadly, they are among my favorite hair products but I guess I won’t be using them anymore.

  3. Bobbi says:

    I had used NYM dry shampoo weekly for years until I heard of the benzene issue- I threw out 2 new containers. This issue was/is very alarming and I just pray this product does not make me seriously ill some day. I still see it on shelves!

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