CHICAGO (Legal Newsline) — Johnson & Johnson and Vogue International are facing a class action lawsuit alleging their OGX dry shampoo brand contains benzene.
Marina Scott, individually and on behalf of all others similarly situated, filed a complaint Dec. 15 in the U.S. District Court for the Northern District of Illinois against Johnson & Johnson Consumer Inc. and Vogue International LLC alleging violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act, unjust enrichment and other claims.
According to her complaint, Scott purchased the defendants' OGX Extra Strength Dry Shampoo Coconut Miracle Oil from a Walgreens in Chicago. She alleges that the shampoo contains "dangerously high" levels of the carcinogen benzene and that the defendants fail to disclose that the product contains benzene in its list of ingredients.
Scott further alleges that the defendants failed to fulfill their quality assurance obligations and failed to adequately test their products for benzene and other carcinogens. Scott alleges that if she and other consumers had been aware of the benzene, they would not have purchased the product.
She claims the defendants knowingly misrepresented that the shampoo did not contain benzene in violation of Illinois Consumer Fraud and Deceptive Trade Practices Act and other state consumer fraud acts.
Scott and the class seek monetary relief, interest, trial by jury and all other just relief. She is represented by Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC in Chicago, Illinois, Max Roberts of Bursor & Fisher PA in New York and Sarah Westcot, Stephen Beck and Jonathan Wolloch of Bursor & Fisher PA in Miami.
U.S. District Court for the Northern District of Illinois Eastern Division case number 1:22-CV-07069