Major Retailers Sold Hand Sanitizer With Secret Carcinogenic Ingredient, Class Action Claims

A brand of hand sanitizer sold at some of the nation’s largest retailers contains a known cancer-causing chemical — a fact that was concealed from consumers, a new nationwide class action lawsuit alleges.

In the lawsuit, filed Sunday in the Central District of California Western Division, Alabama Plaintiff Lauren Slaughter alleges Virgin Scent, the manufacturer of the brand ArtNaturals, took advantage of the pandemic to sell consumers hand sanitizers that contain the toxic chemical benzene.

The product was sold at retailers across the country including Walmart, Target and Amazon online, but did not disclose on its packaging that it contains benzene.

“Contrary to its labelling, packaging, marketing, and advertising, [ArtNaturals] hand sanitizer products have been determined to actually or potentially contain undisclosed cancer-causing and reproductive-toxin chemicals at levels many multiples of the FDA’s emergency, interim limits,” the lawsuit states.

Benzene is typically used in the manufacture of gasoline and other industry chemicals or textiles, and is heavily regulated. The American Cancer Society also warns against exposure to benzene, which is typically found in cigarette smoke and exhaust fumes.

Prior to March 2020, the FDA did not allow any benzene in hand sanitizer products given its carcinogenic toxicity potential, according to the lawsuit.

But due to the public health crisis brought on by the pandemic, the FDA issued a temporary policy allowing trace levels of benzene at two parts per million for certain products. 

However, the lawsuit claims, the levels of benzene found in the ArtNaturals products greatly exceed the amount allowed. 

“[ArtNaturals] used the unprecedented consumer demand precipitated by the COVID-19 pandemic to mislead and take advantage of consumers in the sale of what has become an essential and indispensable good, leveraging its ‘chemical free’ brand and representing on its website that it uses ‘only nourishing, natural ingredients,’” the lawsuit states.

The contents of the hand sanitizers only came to light due to testing by the independent pharmacy Valisure on March 24 this year. 

Valisure submitted a Citizen Petition to the FDA concerning its testing of the products that same day.

It found the hand sanitizer products with the highest levels of benzene in its testing were those marketed by ArtNaturals, the lawsuit states.

“Two samples of Defendant’s ArtNaturals-branded hand sanitizer products tested by Valisure contained benzene at 16.1 and 15.2 PPM—approximately eight times the emergency, interim limit.” 

Slaughter said she bought the ArtNaturals-branded hand sanitizer at a grocery store in Birmingham in October 2020. At the time, she looked at the label and saw no disclosure of the benzene the product contained, and said she wouldn’t have bought it if she knew.

She is seeking to represent all United States residents who purchased an ArtNaturals branded hand sanitizer since April 1, 2020.

Slaughter is suing under the California Consumers Legal Remedies Act and California Business and Professions Code. She is also suing under federal warranty laws, including the Magnuson-Moss Warranty Act, as well as for fraud and deceit, negligent misrepresentation, negligence and unjust enrichment.

She is seeking certification of the Class, restitution, damages, attorney’s fees, interest and a jury trial.

The lawsuit comes as Walmart is hit with a similar class action case over stocking the ArtNaturals hand sanitizer. On March 24, a Florida plaintiff filed a nationwide lawsuit against Walmart and Virgin Scent, claiming both profited at customers’ expense during the pandemic by selling hand sanitizers made with “dangerous” amounts of benzene.

Did you know hand sanitizers could contain harmful chemicals? Let us know in the comments. 

The plaintiffs are represented by Alan M. Mansfield and Charles Nicholas Dorman of Whatley Kallas, Llp and Thomas Mauriello of Mauriello Law Firm. 

The ArtNaturals Hand Sanitizer Benzene Class Action Lawsuit is Lauren Slaughter et al, v. Virgin Scent, Case No. 2:21-cv-02875, in the United States District Court District of California Western Division.

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