NEW YORK (Legal Newsline) - Otto Delcid filed a federal class action lawsuit on Nov. 15 in the Southern District of New York against the Procter and Gamble Company for breach of express warranty, breach of implied warranty, violation of New York General Business Law 349 and 350, fraud and unjust enrichment.
According to the complaint, Procter and Gamble Company manufactures, distributes and sells Old Spice deodorant and antiperspirant aerosol and spray products that contain dangerously high levels of benzene, a human carcinogenic linked to leukemia and other cancers. The presence of benzene renders the products adulterated and misbranded and illegal to sell under state and federal law, the suit says.
Benzene has been listed by the FDA as a "Class 1 solvent" that should not be manufactured in drug substances, excipients or products due to its unacceptable toxicity as any exposure greater than zero over a long period of time is not safe, the suit says.
Plaintiffs were caused to suffer damages in the amount of money paid to buy products that Plaintiffs allege they would not have bought had they known it contained the benzene and punitive damages, the suit says.
Plaintiffs are represented by Andrew J. Obergfell of Bursor and Fisher, P.A. of New York.
District Court of New Jersey case number 1:21-cv-09454-GHW-KHP