Karina Basso  |  September 26, 2014

Category: Consumer News

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P&G unilever class action lawsuitTwo separate packaging size class action lawsuit were filed in New York federal court on Thursday against Procter & Gamble Co. and Unilever alleging the companies’ brand-name deodorants are sold in oversized packaging, purposefully misleading consumers into believing they’re getting a fair deal.

Unilever and P&G manufacture and distribute popular brand-name deodorants such as Axe, Degree, Old Spice and Gillette, which are allegedly sold in oversized packages that do not contain the advertised amount of deodorant product.

According to the Unilever class action lawsuit, “The Products come in 2.7 ounce sticks and have non-functional slack-fill in violation of the federal Food and Drug & Cosmetic Act. … The size of the container in comparison to the actual product makes it appear to the reasonable consumer that the consumer is buying more than what is actually being sold.”

The plaintiff suing P&G has made similar allegations regarding Gillette and Old Spice products packaged and sold in 2.6, 3.0, and 3.2 ounce containers with non-functional slack-fill.

Some slack is, of course, is expected in deodorant products, but according to the P&G and Unilever class action lawsuits, the packaging of these products is deceitful and misleads customers to believe they are receiving more product than is actually included in the packaged materials.

For example, the P&G packaging size class action claims, “The 2.6 ounce Product is sold in a container which is approximately 5 ¼” in height and approximately 2 ½” wide. The actual size of the deodorant stick of the 2.6 ounce Product is approximately 2 ½” wide and 2 ¾” long.” This means that according to the specific allegations over Old Spice and Gillette and the nearly identical allegations filed against the Axe and Degree manufacturer, P&G and Unilever are selling products in packages that only contain half of the containers dimensions.

The P&G class action lawsuit was filed by plaintiff Desta Tjokronolo, while the Unilever lawsuit was filed by plaintiff Timba Bimont, both residents of New York State. Although these deodorant packaging class action lawsuits were filed separately and in different New York federal courts, both plaintiffs are represented by the same legal counsel and allege similar claims against Unilever and P&G.

Both Tjokronolo and Bimont have filed these packaging size class action lawsuits to represent themselves, as well as a Class of consumers which would include “All persons or entities in the United States who made retail purchases of Products during  the applicable limitations period, and/or such subclasses as the Court may deem appropriate.” The plaintiffs similarly allege that Unilever and P&G have violated several New York State business laws, and have engaged in negligent misrepresentation, fraud, and unjust enrichment.

The plaintiffs in both class action lawsuits are represented by C.K. Lee of Lee Litigation Group PLLC.

The Unilever Deodorant Packaging Size Class Action Lawsuit is Bimont, et al. v. Unilever United States Inc., Case No. 1:14-cv-07749, in the U.S. District Court for the Southern District of New York. The Procter & Gamble Deodorant Packaging Size Class Action Lawsuit is Tjokronolo, et al. v. The Procter & Gamble Co., et al., Case No. 1:14-cv-05577, in the U.S. District Court for the Eastern District of New York.

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9 thoughts onP&G, Unilever Sued in Deodorant Packaging Class Action Lawsuits

  1. Angelica Romero says:

    Add me

  2. Allan Campbell says:

    How do I get in the law suit about the rash. I’ve been having that for years

  3. Derrell Carruth says:

    I’m using old spice deodorant its leaving a red rash under my arm is a law suit pending

  4. Chris says:

    I guess they could always package it inside a short, squatty, harder to use container that is filled full and not as noticeable on the shelf so they sell less of it and it costs more because they sell less of it….

    I’m not sure I agree with this one. If the weight matches then who cares. Snack chips and similar products are sold with tons of air and this day in age of packaging and handling we don’t need that much empty air to safely sell snack chips.

  5. Christy says:

    I say keep going after each everyone of these company scaming people .i don’t care what people say about these lawyers are driving cost up .no if anything these lawyers are helping us poorer people .that just got to take it all time from big company’s and just be screwed most time . mine self I glad they have these lawyers willing to help the public. that normal just be screwed on everything .i no I am thankfully for these lawyers willing to help at no cost until the end .because of the cost how much it is for lawyers is why no one ever goes after these company’s .keep helping everyone on these matters.

  6. Margie Griffin says:

    I use P&G and Unilever decodrant

  7. Joyce Terry says:

    FINALLY!!!

  8. christy cypret says:

    it about time they doing something about these company over charging for less stuff they need to do this on a lot of these company with these products getting away with this .this one isn’t the only one doing this .

  9. Rachel Parks says:

    About time!

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