NEW YORK — Five consumers have filed a class action lawsuit against Procter & Gamble, alleging breach of the implied warranty of merchantability, product liability and violations of the Deceptive and Unfair Trade Practices Act.
Dave Laiosa, Jose Toledo, Sylvia Anderson, John Doe I, and Adrian McCoy II filed a complaint, individually and on behalf of others similarly situated, Jan. 20 in U.S. District Court for the Southern District of New York against The Procter & Gamble Company, alleging failure to exercise reasonable care in the design, manufacture and distribution of a consumer product.
According to the complaint, the plaintiffs and other similarly situated consumers, have suffered from purchasing the defendant's Old Spice deodorant, that caused some dangerous side effects, including irritation, redness, swelling, blistering, burning, severe rashes, infection and loss of pigmentation, which lasted from a few days to a few months, and perhaps permanent symptoms to some consumers.
The plaintiffs allege Procter & Gamble failed to use due care in designing and manufacturing a consumer product, failed to recall or notify users of a dangerous and defective product at the earliest date and failed to conduct testing and post-marketing surveillance to determine the safety of a product.
The plaintiffs seek trial by jury, compensatory and punitive damages, restitution and disgorgement, declaratory and injunctive relief, a corrective advertising campaign, attorney fees and costs, and all other just relief. They are represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York Case number 17-cv-00441