Dove, Nexxus, Suave, TIGI, TRESemmé dry shampoo products contain benzene, class action claims

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Dry shampoo benzene class action overview: 

• Who: A dry shampoo consumer sued Unilever. 
• Why: The plaintiff says the company knowingly sold dry shampoo with toxic benzene in it. 
• Where: The dry shampoo benzene class action lawsuit was filed in a New Jersey federal court.

A consumer hit Unilever with a class action lawsuit alleging the company knowingly sold dry shampoo with toxic benzene in it. 

Plaintiff Robert Rullo filed the class action lawsuit against Unilever United States Inc. Nov. 2 in a New Jersey federal court, alleging violations of state and federal consumer laws. 

“These dry shampoos are dangerous: they contain a carcinogenic chemical which can cause leukemia and other cancers,” the lawsuit alleges.

In October, Unilever recalled a range of dry shampoo aerosol products made under the brands Dove, Nexxus, Suave, TIGI (Rockaholic and Bed Head) and TRESemmé, due to potentially elevated levels of benzene.

Unilever knew of contamination well before recall, dry shampoo benzene class action alleges

According to the lawsuit, Unilever could have easily avoided the benzene contamination. 

“Unilever produces many aerosol personal care products, including other aerosol hair care products, that do not contain benzene,” the plaintiff says. 

The company knew or should have known of the dry shampoo benzene contamination well before the October 2022 recall, he says. Unilever was required to subject the products to rigorous quality assurance by Unilever’s internal guidelines and applicable laws and regulations.

Plus, the company gained actual knowledge of the benzene risk at least as early as July 2021, Rullo alleges. Around that time, Unilever’s top competitors began recalling aerosol products due to the presence of benzene and faced litigation based on those recalls. 

In November 2021, independent laboratory Valisure confirmed the presence of benzene in dozens of aerosol antiperspirants and sunscreens and submitted a citizens’ petition to the Food and Drug Administration (FDA) describing those findings, including that two of Unilever’s Suave antiperspirants contained benzene, Rullo says.

Unilever ultimately faced numerous lawsuits arising from the Suave contamination beginning in late 2021.

“Despite Unilever’s knowledge of the pervasive risk of benzene contamination in the Recalled Products, Unilever failed to warn consumers or any wholesalers or retailers in the chain of distribution of this known danger until October 18, 2022,” the lawsuit says. 

Rullo looks to represent a national class of people who purchased certain Unilever-produced dry shampoo aerosol products which have now been recalled by Unilever due to benzene contamination. 

He sued for fraudulent concealment, consumer protection, unjust enrichment and other claims. He seeks certification of the class action, damages, fees, costs and a jury trial.

Were you affected by the dry shampoo recalls? Let us know in the comments. 

Rullo is represented by Olimpio Lee Squitieri and Stephen J. Fearon, Jr. of Squitieri & Fearon LLP and Joseph R. Santoli. 

The dry shampoo benzene class action lawsuit is Robert Rullo v. Unilever United States Inc., Case No. 2:22-cv-06422 in the U.S. District Court District of New Jersey.

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