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Dry Shampoo Injury Lawyers

Cancer Causing Chemical Found In Many Dry Shampoos

dry shampoo injury lawyerValisure, an independent laboratory and health care research group, has found elevated levels of the cancer-causing chemical benzene in the majority of dry shampoos they tested. Researchers at the company have said that 70% of the samples that they tested contained elevated levels of benzene. Some of the shampoos had 170 times the limit of what the Food and Drug Administration (FDA) considers safe. There were numerous brands mentioned in the study including Not Your Mother’s, Sebastian, Batiste, Sun Bum, Dove, Nexxus, Suave, Tigi and Tresemme and John Paul Mitchell Systems. Some companies have voluntarily recalled their dry shampoos, but many remain on store shelves.

The results of the study prompted Valisure to send a petition to the FDA that asked for a recall of the products they tested. According to David Light, the CEO of Valisure, “the detection of high levels of benzene in dry shampoos should be cause for significant concern since these products are likely used indoors, where benzene may linger and be inhaled for prolonged periods of time.” Any person that has used dry shampoos containing benzene may be at an elevated risk of developing cancer. They may have the ability to seek damages through a civil claim. Our team of personal injury attorneys at Gersowitz Libo & Korek, P.C. are here to help in any way that we can. We can evaluate your case free of cost and let you know what your legal rights are. You can reach us anytime at 800-529-9997.

What is Dry Shampoo and What Is Benzene?

Dry shampoo is a hair care product that is used to absorb dirt, oil, and grease on your scalp without using water or washing it. It is not recommended as a replacement for traditional hair washing. Many people, including those with disabilities, use dry shampoo after working out or as a touch-up to extend the life of a blowout. Dry shampoos typically come in the form of a spray bottle. Because of this, dry shampoos naturally leave behind a significant amount of residue after they are applied. The main reason that this is a problem is because many of these shampoos contain benzene. The chemical benzene is known to elevate the chance that a person will develop a number of cancers including:

  • Acute myeloid leukemia (AML)
  • Acute lymphocytic leukemia (ALL)
  • Chronic lymphocytic leukemia (CLL)
  • Multiple myeloma
  • Non-Hodgkin lymphoma

Benzene is a chemical that has been widely used in industrial applications. For example, it has been used to make plastics, synthetic fibers, resins, rubber lubricants, dyes, detergents, pesticides and drugs. The Food and Drug Administration has set a limit of 2 parts per million (ppm) for exposure to benzene. Many of the dry shampoos that have been tested have elevated levels of benzene far beyond what could be considered safe. Short term exposure to products containing benzene can lead to drowsiness, headaches, tremors, confusion and unconsciousness.

Demonstrating Liability For Dangerous Dry Shampoos

Companies that manufacture shampoos or other hair care products have a legal responsibility to ensure that their products are reasonably safe. To that end, cosmetic companies will need to abide by all FDA recommendations. They may also need to perform clinical trials to determine any adverse reactions to their products. They will also typically need to warn consumers about the non-obvious dangers associated with the use of their products. When a company fails to take reasonable actions to protect consumers from dangerous products, this could form the basis of a product liability claim. Product liability claims alleging negligence will typically be based on one of the following theories of liability.

  • Design Defect: The product was unreasonably dangerous and created a substantial risk of injury; It was feasible for the product to have been designed in a safe manner; and The defect was the proximate cause of the plaintiff’s injury.
  • Failure to Warn: The defendant failed to warn the plaintiff of the dangers associated with their product.
  • Manufacturing Defect: A product caused injury by not performing as intended. However, other products of identical design do not fail.

Many product liability claims are pursued as strict liability claims. In other words, a defendant may be liable for a defective product, regardless of the defendant’s intent. It is irrelevant if the manufacturer or supplier used great care to avoid harm. It is expected that a number of lawsuits will be pursued against the manufacturers of dry shampoos. Plaintiffs will likely contend that the manufacturers of dry shampoos including Not Your Mother’s, Sebastian, Batiste, Sun Bum, Dove, Nexxus, Suave, Tigi and Tresemme and John Paul Mitchell Systems failed to warn that their products had benzene. This was not something that was widely known and only later discovered after careful research. 

Why You Should Consider Hiring An Attorney If You’ve Used Dry Shampoos

It can take years or sometimes decades before a person is diagnosed with a cancer related to the use of benzene. Being diagnosed with leukemia, non-Hodgkin lymphoma or any other type of cancer can be one of the most difficult things that a person can go through. There are a number of benefits that can come with hiring an attorney if you think that  your cancer is related to a dangerous cosmetic product. An attorney can let you know free of cost if you have a claim that can be pursued. They can fund the up-front cost of your claim.  Personal injury attorneys work entirely off a contingency fee basis and only get paid if they are able to successfully resolve your case. There are a number of signs to look out for which could point to a cancer caused by benzene.

  • Swollen lymph nodes
  • Chronic chest pain
  • Night sweats
  • Persistent fatigue
  • Recurring nosebleeds

It can be nearly impossible to take on a large cosmetics company on your own. They have a team of lawyers to protect the company from any sort of claim regarding their products. Skilled legal representation is essential when pursuing any claim against a cosmetics company. Cosmetics companies and their insurance providers make more money by denying responsibility for as many claims as possible. By contrast, personal injury attorneys have an incentive to help you get the largest settlement possible for your injuries. An attorney can help make sure that your rights are being protected and that you are compensated fairly for your injuries.

Getting Legal Help After Using Dry Shampoos

People should be able to purchase hair care products without the fear that those products are going to make them seriously ill. But far too often this is not the case. It is common for companies to make products as cheaply as they can. This might lead them to use chemicals that are unreasonably dangerous. It could also lead them to skip out on the clinical trials that may have revealed latent dangers with their products.

People who become sick after using dangerous products do have rights. They have the ability to file a civil claim for damages. Our team of personal injury attorneys at Gersowitz Libo & Korek, P.C. have successfully resolved thousands of claims and have recovered nearly $1 billion for our deserving clients. We care deeply that consumers are aware of their rights and that they get the medical and financial support that they are entitled to under the law. Whether you have legal questions, or need to discuss your particular situation contact us for a complimentary phone consultation at 800-529-9997.

 

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