The Old Spice Lawsuit
The Old Spice lawsuit is a case that has been going on for a few years now. In 2011, a man named James Spence filed a personal injury lawsuit against Old Spice and its owner, alleging the company used drugs in their formula that caused him to suffer from cancer. The suit named not only the company but also five of its distributors. Although a settlement was eventually reached with all of the parties involved in the suit, the long delay in resolving the case has been making it more problematic for everyone involved. A hearing is scheduled in January.
Old Spice initially maintained their innocence, saying that there were no dangerous ingredients in their product.
They then changed their tune after The Spence lawsuit. At first, they maintained that they would not change their recipe, but then later started selling supplements that contained trace amounts of the original spices. The FDA is currently examining those products to determine if any of the ingredients present a threat to consumers. It’s possible they’ll have to ban them all together.
In May of last year, The Spence suit was added to the Federal False Claims Act suit.
That suit names not only Old Spice but also several other companies. The suit names Kalo Sales Corporation, Premier Fitness Inc, Health Management Inc, and Pure Protein International, as all being responsible for the negligence that caused this man’s death. He died due to consuming a supplement that contained monosodium glutamate (MSG). The ingredient is a well-known irritant to those with sensitive noses.
Although there are several factors that contribute to the product being potentially dangerous, the main factor revolves around the ingredients that make up the Old Spice product. The spice is made from dehydrated, cooked, and ground up ingredients such as chicken broth, potatoes, onions, carrots, celery, parsley, oregano, thyme, cinnamon, Cayenne, and lemon juice. This can produce side effects for some people including nausea, headaches, vomiting, diarrhea, and heartburn.
The company has been in business since 1951, so it must be doing something right to have avoided the legal spotlight for this issue.
Unfortunately, they are the only one who can answer whether or not their products are safe or even effective. A recent investigation found that they use ingredients that could cause serious damage to an employee’s liver if enough were ingested. The ingredients have since removed from the bulk spice they distribute.
This case is a personal tragedy for Frank Valentin and his wife, Beth.
Their son, Austin, became ill from eating some of the Old Spice. He suffered brain damage, seizures, and liver failure. They are not alone in feeling devastated as their family has lost hope that Old Spice will be completely eliminated. Valintine is expected to receive settlement proceeds from the case, but he and his family are left with no financial means to pay for the mounting medical bills.
The Valentin family has hired a lawyer but are hopeful of resolving the matter peacefully.
They maintain that the ingredients in Old Spice are safe, but no amount of money will erase the pain and suffering their son has suffered. The two families agree that mediation can work, but neither wants to go through another trial. Neither is expecting a huge payout, but do not wish to see their son die from consuming Old Spice. Both sides are hoping for a reasonable settlement out of court.
If you are interested in the outcome of this story, then you may want to keep reading. The attorneys for the plaintiffs in this case will attempt to have the case dismissed due to lack of subject matter jurisdiction. A recent article in Forbes Magazine highlighted the lack of success of these attempts at dismissal. If the case were to proceed, it is likely the attorneys would ask for expert witness testimony to prove that Old Spice is a dangerous product. They would also likely call the original manufacturer to testify about how the product was made, and the fact that it poses no threat to consumers. If the judge rules in favor of the plaintiffs, then this will be a significant victory for consumers all over the country.