The maker of Ban Invisible Solid antiperspirants and deodorants is being sued over allegations its labeling and packaging was misleading to consumers.
Hong Chong, Lourdes Rosado, Lynn Moore and Josefina Valdez filed the lawsuit Tuesday against KAO USA Inc., claiming the products listed a net weight 2.6 ounces greater than the actual weight of usable product. The so-called “non-functional slack-fill” deceived customers into thinking they were purchasing more of the product than it actually contained, the lawsuit said.
According to a table listed in the lawsuit, some of the deodorants' net weight was nearly 20 percent more than the usable product.
“Through these unfair and deceptive practices, (KAO) has collected hundreds of millions of dollars from the sale of its products that it would not have otherwise earned,” the lawsuit said.
The plaintiffs are seeking class status for those who purchased the products, and are asking for more than $5 million in damages plus court costs.
They are represented by C.K. Lee of the Lee Litigation Group PLLC in New York City. The United States District Court Eastern District of New York case number is 1:15-cv-02131.