Jessy Edwards  |  November 16, 2022

Category: Beauty Products

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Selective focus on Paul Mitchell products on a shelf.
(Photo Credit: ZikG/Shutterstock)

Paul Mitchell Invisiblewear Brunette Dry Shampoo benzene class action overview: 

  • Who: A dry shampoo consumer is suing haircare brand Paul Mitchell. 
  • Why: The plaintiff says the company’s Invisiblewear Brunette Dry Shampoo contains dangerously high levels of benzene.
  • Where: The Paul Mitchell Invisiblewear Brunette Dry Shampoo benzene class action was filed in an Illinois federal court.

Paul Mitchell makes Invisiblewear Brunette Dry Shampoo that contains dangerously high levels of benzene, a carcinogenic impurity that has been linked to leukemia and other cancers, a new class action lawsuit alleges.

Plaintiff Karly Nelson filed the class action lawsuit against John Paul Mitchell Systems Inc Nov. 14 in an Illinois federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, the complaint springs from an Oct. 31, 2022 report in which the independent laboratory Valisure published its testing results for benzene in various types of dry shampoo.

Valisure identified ten brands of dry shampoo which contained levels of benzene at 2 ppm or higher, including Paul Mitchell Invisiblewear Brunette Dry Shampoo.

According to the report, the product contains levels of benzene above 2 ppm, including, in some cases, more than 17 times that limit.

Paul Mitchell has not issued a recall, while other companies have, lawsuit alleges

Despite its knowledge that the product contains benzene, Paul Mitchell has failed to issue a voluntary recall, the lawsuit states.

Until recently, the company sold the dry shampoo on its website, Nelson states.

“Currently, the Product is no longer listed for sale. However, these actions are inadequate as the Product is still available for sale at Defendant’s authorized online retailers.”

Nelson alleges that benzene exposure from dry shampoo is especially troubling because the product is applied to the scalp and around the face, with the remnants flying through the air likely to be at least partially inhaled by the user and absorbed into their lungs. 

“Thus, even a relatively low concentration limit can result in very high total benzene exposure.”

She is looking to represent a nationwide class of consumers who bought the product in the United States, plus a subclass of Illinois consumers and a subclass of consumers from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, or Washington.

Nelson is suing under state consumer fraud acts and for unjust enrichment. She is seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, Batiste has been hit with a class action lawsuit alleging it also makes dry shampoo containing dangerously high levels of benzene.

Did you buy the Paul Mitchell dry shampoo? Let us know in the comments! 

The plaintiff is represented by Gary Klinger and Nick Such III of Milberg Coleman Bryson Phillips Grossman PLLC.

The Paul Mitchell class action lawsuit is Karly Nelson v. John Paul Mitchell Systems Inc, Case No. 1:22-cv-06364 in the U.S. District Court for the Northern District of Illinois.


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35 thoughts onPaul Mitchell Invisiblewear Brunette Dry Shampoo class action claims product contains benzene

  1. Lorrie Woods says:

    just found this class action suit today while trying to purchase. I have used this for years and just ran out :(
    looking for something else now

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