In late March, a number of people injured by a particularly popular brand of deodorant—Old Spice, produced by Procter & Gamble—started to come forward with reports of severe rashes and skin irritation, so severe that one could say they resembled burn victims (suffering from chemical burns). Now those victims are seeking redress in the form of compensation for their injuries, resulting in class action lawsuits.
At this point, there are at least hundreds of online complaints lodged about these products, translating into many consumers being harmed by them. The specific products named in the $5 million lawsuit, in particular, include the following Old Spice Deodorants:
- After Hours;
- Champion;
- Pure Sport High Endurance;
- Arctic Force High Endurance;
- Bearglove;
- Lion Pride;
- Swagger;
- Fresh High Endurance;
- Aqua Reef;
- Classic Fresh;
- Fiji; and
- Wolfhorn.
While Procter & Gamble maintains that this is simply due to individual reactions to specific ingredients, consumers insist that the particular products causing the problem were actually defective. In fact, complaints dating back to 2009 were found online, trying to warn the company, and yet they appear to be doing absolutely nothing about it.
Consumer Protection Claims
Personal injury lawsuits based on products are typically brought under state product liability acts, consumer sales practices acts, breach of implied merchantability and unjust enrichment. The claims typically argue that, as a direct and proximate result of the company’s pattern and practices, consumers were injured, harmed, and forced to discard the products after paying for them.
Any company that puts otherwise non-defective components together to create and sell a defective product is subject to strict liability claims. In order for an injured individual to be able to bring a claim under these laws, the product itself must have been defective when it left the manufacturer and deviate from the otherwise identical units manufactured in terms of design specifications, formula, or performance standards. In addition, plaintiffs need to have been using the product in the appropriate manner, and need to have used other, similar products without experiencing the same injurious effects. As a result, the risks associated with the product at issue are more dangerous than a reasonably prudent consumer would expect when using the product in its intended way. In this way, the intended utility of the product does not outweigh its safety concerns, and there are many other similar products on the market that do not cause the same injuries.
Personal Injury Attorneys
Personal injuries don’t just happen in association with car accidents, but as a result of negligently-produced products as well. The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries, regardless of the cause. Our lawyers will work to ensure that your rights are protected and that you receive a fair recovery if your injury has been caused by negligence. Contact us for a free consultation.