A lawsuit has been filed in federal court against Procter & Gamble Co.’s Old Spice deodorant, over claims by the plaintiffs that it caused rashes or other irritation.
With claims that more that 100 people have been affected, the suit filed in New York seeks over USD75,000 in damages while it was also confirmed that the suit was file on behalf of four people who live in that state, Pennsylvania or Illinois.
A spokeswoman for the maker of the consumer goods noted that a similar case filed against P&G was dismissed in December by Judge Timothy Black of the U.S. District Court for Southern Ohio in Cincinnati, Bizjournal reports.
“The New York cases allege nothing more than what was presented in the Ohio case, and we will push for a dismissal,” P&G spokeswoman Tressie Rose told me today.
The new suit requests that the U.S. District Court for the Southern District of New York order P&G to stop advertising Old Spice deodorant products as safe to use without warning that they might cause irritation, rashes, chemical burns or other injury.
Consumers who have been injured by the product (Old spice deodorant) are said to have posted online according to the law suit. However, while internet postings that depict skin reactions that some people have can be caused by a variety of factors or ingredients, they aren’t chemical burns, according to P&G. Hence, the company says Old Spice deodorant is safe for us.
A small number of people might experience irritation related to alcohol sensitivity, a common ingredient in virtually all deodorant products. For such men, an antiperspirant might be a better option because it has a different formulation, according to P&G.
The latest suit claims Procter & Gamble violated New York’s deceptive and unfair trade practices act, Pennsylvania’s unfair trade practices and consumer protection law, and the Illinois consumer fraud and deceptive business practices act. Other claims include an allegation that P&G breached a warranty implied under Ohio law that Old Spice deodorant was safe to use.
Named as plaintiffs in the latest case were Dave Laiosa of Westchester County, N.Y.; Jose Toledo of Philadelphia County, Pa.; Sylvia Anderson (on behalf of herself and her unnamed minor son) of Chester County, Pa., and Adrian McCoy II of LaSalle County, Ill.
The suit, which seeks a jury trial, unspecified compensatory and punitive damages as well as attorney fees, was filed Jan. 20 by C.K. Lee and Anne Seelig of the Lee Litigation Group of New York City.
