On Friday, purchasers of Suave, TIGI, TRESemmé, Dove, Nexxus and Living Proof dry shampoos filed a class action complaint in the Southern District of Florida against Unilever United States, Inc., saying that the products are falsely advertised because they contain benzene.
The named plaintiffs are comprised of two individuals from Florida, a citizen from California and a citizen from Illinois who each purchased the products. The plaintiffs represent themselves and a class of other similarly situated individuals who purchased the products and three subclasses of purchasers from California, Florida and Illinois. The specific allegations breach of warranty, false advertising, deceptive trade practices and unfair competition.
Through the complaint, the plaintiffs allege that the dry shampoos are adulterated, misbranded and illegal to sell under federal and state law because they contain benzene. Further, the complaint purports that benzene is a known human carcinogen which the Food and Drug Administration (FDA) recognizes as a dangerous chemical and has therefore classified it as a Class 1 Solvent.
Accordingly, the plaintiffs filed the present suit alleging breach of express and implied warranty, unjust enrichment and violation of the California False Advertising Law, the California Unfair Competition Law, the Florida Deceptive and Unfair Trade Practices Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. The plaintiffs seek class certification, declaratory and injunctive relief, compensatory, statutory and punitive damages, restitution, pre-judgment interest, attorneys’ fees and costs.
The plaintiffs are represented by KO Lawyers.