Deodorant lawsuit is filed by those people who are inflicted with various types of skin rashes, severe allergic reactions and other such medical conditions related to deodorant. They file a class action lawsuit against the manufacturers of deodorant who they say have failed to warn them about the dangerous effects of using deodorants that contain trihalomethanes (THMs), a chemical compound that causes serious health hazards. According to their lawsuit, many people have suffered from the chest, lungs, throat and nose problems after applying deodorant products. They argue that these companies were aware of the dangers of these chemicals but failed to warn them about the risks involved in using deodorants containing THMs.
The manufacturers stand on the strong legal position that there was no proof that the use of deodorants containing THMs could cause health hazards. They also say that the amount of the chemical that is used in making deodorant is minimal compared to the amount of the natural occurring chlorination byproducts of the chlorination process. In support of their claim, the manufacturers have to convince the court that the use of the deodorant can cause health problems and damages, which can be proved by the class action lawsuit.
The class action lawsuit was filed after the U.S Food and Drug Administration (FDA) failed to take action against the manufacturers on the basis of a lack of evidence that the use of their products can cause serious health hazards. The FDA had failed to take the necessary steps to ban the use of hazardous substances in the personal care products. At the time of going into force, the FDA had failed to conduct an analysis of the safety of the labels containing the chemical. The labels are produced by the companies in the standard environment and standards set by the government, and the results of the studies conducted by health bodies are never subjected to independent verification.
The class action lawsuit was filed because the FDA failed to take any action as required by law when it failed to initiate a study to assess the safety of the labels containing the hazardous chemicals. The FDA failed to observe that the proportion of those involved in contact with the toxic chemicals tends to increase in the areas where people regularly interact with them. It also failed to institute any controls over the use of commercial deodorants in workplaces. Instead of subjecting the manufacturing companies to a costly and inconvenient class action lawsuit, the FDA could have banned the use of dangerous chemicals contained in personal care products in its immediate future. This would have saved millions of dollars being spent each year for the medical care of workers handling deodorant products and would have prevented the suffering caused by the many diseases such workers are prone to contract.
Another claim that the defendant fails to provide a safe working environment includes the use of deodorant without receipts. The manufacturer fails to provide workers with protective clothing, allowing them to come in direct contact with the harmful chemicals contained in commercial deodorants. Without proper protective gear, the workers will suffer from skin irritation, blisters, rashes, chest pains, headaches, and many other respiratory problems. Again, such a class action lawsuit would have been quite beneficial to victims in the event that a case had been launched against the company responsible. The FDA has yet to file any class action lawsuits on these issues.
The manufacturer’s fiduciary responsibility also fails to register the deodorant lawsuit as required by law. It is highly doubtful if the company’s management even understands what a fiduciary is, much less why a lawsuit can be brought against them. There is no way of knowing if the company even has a registered fiduciary. If they do not, then they need to explain why. The mere failure to register the class action lawsuit does not mean that the company is merely negligent in failing to carry out their legal obligations. They need to show that they have actually been negligent in failing to carry out their responsibilities.
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