What Is the Old Spice Lawsuit?
The Old Spice lawsuit is a pair of separate consumer class actions against Procter & Gamble, the maker of Old Spice, not one single case. The first, filed in 2016, alleged that Old Spice deodorant sticks caused rashes and chemical-type burns under the arms. The second, filed in 2021, alleged that Old Spice and Secret aerosol sprays contained benzene, a known human carcinogen.
The deodorant case, Colley v. Procter & Gamble Co., began in March 2016 in the Southern District of Ohio and asked the court to certify a class of everyone who bought the listed Old Spice deodorants since 2012. The court's own order describes it as a consumer class action by people who allegedly suffered damages after applying Old Spice deodorant.
The benzene cases followed a November 2021 recall and were centralized as In re Procter & Gamble Aerosol Products Marketing and Sales Practices Litigation, MDL No. 3025, in the same district. That litigation ended in a class settlement, so the Old Spice lawsuit today refers to one resolved settlement and one case that never reached class certification.
“This consumer class action has been brought by individuals who allegedly suffered damages after purchasing and applying the Old Spice deodorant manufactured and sold by P&G. Plaintiffs maintain that the adverse health effects constitute more than the simple "rash" or "irritation" allegedly warned of by P&G on its product label.”
Source: U.S. District Court, S.D. Ohio, Colley v. Procter & Gamble Co., No. 1:16-cv-918, Order Granting Defendant's Motion to Strike Class Allegations and Motion to Dismiss, Doc. 30 (Oct. 4, 2016)
Why Are People Filing Old Spice Lawsuits?
People filed Old Spice lawsuits because they alleged that certain Old Spice products injured users or exposed them to a dangerous chemical without warning. The two actions rest on different complaints about different product types, which is why they are described separately here.
The 2016 complaint named 13 Old Spice deodorant products and cited online complaints and videos describing burning, rash and peeling skin under the arms. Local news coverage quoted a mother who said Procter & Gamble offered only a $10 gift certificate after her son reported a reaction, and the lawsuit alleged the company was concealing the problem to keep selling the product.
The 2021 complaints followed a report by the testing pharmacy Valisure that found benzene in many aerosol deodorants and body sprays, including Old Spice. According to the AboutLawsuits report on the first filing, plaintiff Otto Delcid said he bought Old Spice Pure Sport and would have chosen a different product had he known about the benzene risk.
What Injuries Are Included in the Old Spice Lawsuit?
The Old Spice lawsuit includes three distinct categories of alleged injuries and losses, each defined in plain language below, followed by what the complaints claimed. Procter & Gamble denies that Old Spice products cause the harms alleged, and no court has found it liable in either action.
Skin Burns and Rashes
A chemical burn of the skin is tissue irritation or damage caused by contact with a substance, and it can show up as redness, burning, blistering or peeling.
The 2016 plaintiffs alleged that Old Spice deodorant caused burning, rashes, irritation, scarring, discoloration, scabbing and peeling skin, according to the court's summary of their amended complaint. The complaint included photographs of different reactions with different degrees of severity, and the court noted it did not say which plaintiff used which product or suffered which symptom.
Benzene Exposure
Benzene is an industrial chemical that regulators classify as a human carcinogen, meaning long-term or high-level exposure is associated with an increased risk of certain cancers and blood disorders.
The 2021 plaintiffs alleged that Old Spice aerosol antiperspirants and deodorant sprays contained benzene that the labels did not disclose. The JPML's transfer order describes the benzene as a known human carcinogen linked to leukemia and other cancers, and the plaintiffs sought refunds and damages as purchasers rather than damages for a diagnosed illness.
Economic Overpayment
Economic overpayment, as a legal claim, is the financial harm of paying for a product that plaintiffs say was not safe or not what its marketing promised.
Both sets of plaintiffs also claimed they would not have bought the products, or would have paid less, had the risks been disclosed. The 2016 amended complaint pleaded breach of warranty, unjust enrichment and consumer protection theories for a nationwide class and 44 state subclasses, which is where this claim lives for the deodorant case.
Who Qualifies for the Old Spice Lawsuit?
You may qualify if:
- You bought eligible Old Spice, Secret, or other listed Procter and Gamble aerosol products between November 4, 2015 and December 31, 2021, which defined the benzene settlement class
- You submitted a valid claim form before the January 26, 2023 deadline, which is what allowed a payment
You may not qualify if:
- You bought only Old Spice deodorant sticks, gels or other non-aerosol products, which were not part of the benzene settlement class
- You did not file a claim by January 26, 2023, because that claims window has closed and cannot be reopened
- Your claim is for a personal injury such as a skin burn, because the benzene settlement covered purchaser refunds and the 2016 deodorant class was never certified
This settlement is now closed to new claims. This summary describes who qualified while the claims window was open, for reference only. Whether any individual injury claim remains available depends on your facts, your state's filing deadline, and a review by a qualified attorney.
What Is the Current Status of the Old Spice Lawsuit?
The current status of the Old Spice lawsuit is that the benzene litigation has resolved through a class settlement, while the 2016 deodorant burn case ended without a certified class. No open Old Spice class action claim process was found as of this writing.
Colley v. Procter and Gamble Co. (Deodorant Burns)
On October 4, 2016, Judge Timothy S. Black granted Procter & Gamble's motion to strike the class allegations and to dismiss several counts. The judge wrote that the claims turned on individual injuries and product use, but he gave the plaintiffs 21 days to move to amend, warning that otherwise the class allegations would be stricken and the specified claims dismissed.
| Proceeding Type | Federal putative class action, product liability and consumer protection |
| Court | U.S. District Court, Southern District of Ohio, Western Division (Cincinnati) |
| Case Number | 1:16-cv-918 (initially reported as 2:16-cv-225 in Columbus before transfer) |
| Judge | Hon. Timothy S. Black |
| Lead Plaintiff | Rodney Colley |
| Defendant | Procter & Gamble Co. d/b/a Old Spice |
| Key Ruling | Class allegations stricken with leave to amend, October 4, 2016 |
| Class Certified | No |
Coverage reviewed for this page does not show a certified class or a settlement in the case, and one source says the plaintiffs later dismissed it. The final docket entry was not located, so that outcome should be treated as reported rather than confirmed.
MDL No. 3025 (Aerosol Benzene)
The Judicial Panel on Multidistrict Litigation centralized the benzene cases in the Southern District of Ohio on April 7, 2022, and the Old Spice case Delcid v. The Procter & Gamble Company, originally filed in the Southern District of New York, was listed among the actions. Judge Michael Watson presided over the MDL, and the class settlement is described as having received final approval.
| Proceeding Type | Federal MDL, consumer class actions |
| Court | U.S. District Court, Southern District of Ohio |
| MDL Number | 3025 |
| Judge | Hon. Michael Watson |
| Old Spice Lead Case | Delcid v. The Procter & Gamble Company, No. 1:21-cv-09454 (S.D.N.Y.) |
| Settlement Fund | Approximately $8,000,000 |
| Claims Deadline | January 26, 2023 (passed) |
| Final Approval | Reported June 16, 2023 |
The final approval date comes from a single law firm's case page, so it should be confirmed against the MDL docket. The settlement notice scheduled a final approval hearing for May 30, 2023.
How Much Is the Old Spice Lawsuit Payout?
The Old Spice benzene settlement paid eligible claimants up to $10.50 without proof of purchase, drawn from a fund of about $8 million shared across several Procter & Gamble aerosol brands. Each eligible product earned either $3.50 in cash or a brand voucher, and a claimant could submit up to three products without receipts.
The $8 million figure covers the whole aerosol settlement, not Old Spice alone, and it is a fund total rather than a per-person guarantee. The 2016 deodorant burn case produced no reported settlement or payout, and any value of an individual injury claim depends on the person's own records and a qualified attorney's review.
Voucher values varied by product, with Old Spice and Secret vouchers reported at $7 and Old Spice hair products at $5, and claimants with proof of purchase could receive payment for every eligible product. Reports said readers received payments of up to $10.50 as of September 2023.
Procter & Gamble did not admit wrongdoing in the benzene settlement. It also agreed to non-monetary terms, including material testing, finished product testing, and other measures to monitor its aerosol products for benzene contamination.
Latest Old Spice Lawsuit Updates
Old Spice lawsuit updates cover two separate actions: the 2016 deodorant burn case and the 2021 benzene litigation that became MDL 3025. The most recent verified development is the reported June 2023 final approval of the benzene settlement, and no newer Old Spice class action filing was found.
Old Spice Lawsuit Timeline
Court Reportedly Grants Final Approval to the Aerosol Benzene Settlement
The Southern District of Ohio reportedly granted final approval to the MDL 3025 class settlement on June 16, 2023, according to the page of Silver Golub and Teitell, a firm that served as lead counsel. That date has not been matched to a second source or the docket itself.
Final Approval Hearing Scheduled for the Benzene Settlement
The settlement notice set May 30, 2023 as the date for the final approval hearing in MDL 3025, where the court was to decide whether the roughly $8 million aerosol settlement was fair to class members.
Claim, Exclusion and Objection Deadline Passes
Class members in the P&G aerosol benzene settlement had until January 26, 2023 to submit a claim, opt out or object, and the claims window for Old Spice aerosol purchasers closed on that date.
Court Preliminarily Approves the Nationwide Benzene Settlement
Bloomberg Law reported that the Southern District of Ohio preliminarily approved the nationwide settlement of the benzene-in-aerosol lawsuits against Procter & Gamble on October 28, 2022.
Procter and Gamble and Plaintiffs Announce a Tentative Settlement
Procter & Gamble and plaintiffs filed a joint notice in Ohio federal court on May 3, 2022 saying they had reached a settlement agreement, without disclosing its value, and said counsel expected to file a preliminary approval motion by June 2, 2022.
JPML Centralizes the Benzene Cases in MDL 3025
The Judicial Panel on Multidistrict Litigation issued its transfer order on April 7, 2022, centralizing eleven pending actions and fourteen related actions over benzene in P&G aerosol antiperspirants and deodorants, mainly Secret and Old Spice, in the Southern District of Ohio.
P&G Recalls Aerosol Dry Shampoo and Dry Conditioner Products
Procter & Gamble announced a second voluntary recall of aerosol dry shampoo and dry conditioner sprays on December 17, 2021, which the FDA lists separately from the Old Spice and Secret antiperspirant recall.
P&G Voluntarily Recalls Old Spice and Secret Aerosol Antiperspirants
The FDA posted Procter & Gamble's November 23, 2021 notice recalling specific Old Spice and Secret aerosol antiperspirants and Old Spice Below Deck aerosol sprays after benzene was detected, with all lots expiring through September 2023 affected.
Otto Delcid Files the First Old Spice Benzene Class Action
Otto Delcid filed a proposed class action against Procter & Gamble in the Southern District of New York on November 15, 2021, alleging Old Spice aerosol deodorants contained benzene, and the case later appeared as Delcid v. The Procter & Gamble Company, No. 1:21-cv-09454.
Valisure Report Reports Benzene in Many Aerosol Deodorants and Body Sprays
The testing pharmacy Valisure released a report in November 2021 saying it found benzene in numerous batches of deodorant and body sprays, including Old Spice, and it asked the FDA to recall affected products.
Laiosa v. Procter and Gamble Filed in the Southern District of New York
A second deodorant rash class action, Laiosa v. The Procter & Gamble Company, No. 7:17-cv-00441, was reported in January 2017 in the Southern District of New York, with a reported outcome not found in the sources reviewed.
Judge Black Strikes the Class Allegations in Colley with Leave to Amend
Judge Timothy S. Black of the Southern District of Ohio granted Procter & Gamble's motion to strike class allegations and dismiss claims in Colley on October 4, 2016, and gave the plaintiffs 21 days to move to amend.
Colley Case Transferred from Columbus to Cincinnati
Judge Michael Watson granted Procter & Gamble's request to transfer venue in the Old Spice deodorant case from Columbus to Cincinnati on September 12, 2016, without ruling on the motions to strike class allegations or dismiss.
Rodney Colley Sues Over Old Spice Deodorant Rashes and Burns
Rodney Colley filed the Old Spice deodorant class action against Procter & Gamble in March 2016, naming 13 Old Spice deodorant products and alleging burning, rash and irritation, and the company responded that tens of millions of men use the product without incident.
How to File an Old Spice Lawsuit
Below are the 5 steps involved in filing an Old Spice lawsuit.
- Confirm the claims window has closed: The benzene settlement's claim deadline passed on January 26, 2023, so a new claim form cannot be filed in that settlement.
- Check your payment status if you already filed: Claimants who submitted a timely claim should use the settlement administrator's contact information on their original notice or confirmation.
- Document any skin reaction or health concern: Photographs, medical records and the product container can matter to a personal injury claim, and a doctor can advise on symptoms.
- Report adverse reactions to the FDA: The FDA's recall notice invites reports of adverse reactions or quality problems through its MedWatch program.
- Consult an attorney about any separate injury claim: A qualified attorney can say whether an individual claim outside the closed class action is still available under your state's filing deadline.
Old Spice Lawsuit is no longer accepting new claims. The benzene class action settlement's claim deadline passed on January 26, 2023, and the 2016 deodorant burn class action did not result in a certified class or a reported settlement. No open Old Spice class action claim process was found.
What Evidence Do I Need for an Old Spice Lawsuit?
The evidence for an Old Spice lawsuit generally means proof that you used a specific product and proof of the harm that followed, though what is required depends on the claim and the jurisdiction. The product itself, including the container and its lot code, ties a reaction to a named Old Spice product.
Dated photographs and medical records show the reaction, and receipts or order history show the purchase. The gap the court noted in the 2016 case, described under skin burns and rashes above, shows why this detail matters.
What Did Procter and Gamble Allegedly Know About Old Spice Risks?
Plaintiffs allege Procter & Gamble was on notice of problems with Old Spice products and did not warn consumers enough. Procter & Gamble has not been found liable in either action and disputes the allegations.
In the deodorant case, plaintiffs pointed to hundreds, possibly thousands, of public complaints. Procter & Gamble's reported position is that a small number of men may experience irritation due to alcohol sensitivity, an ingredient common across deodorants, and a company spokesman said fewer than .01 percent of users report adverse reactions.
In the benzene recall, Procter & Gamble said it had received no reports of adverse events and that, based on exposure modeling, daily exposure at the detected levels would not be expected to cause adverse health consequences. Trade press reported the company said benzene was not an ingredient and appeared in the propellant.
| Issue | What plaintiffs allege | What Procter and Gamble says |
|---|---|---|
| Deodorant burns and rashes (2016) | Old Spice deodorant is defective and the company failed to warn after many public complaints | Reactions reflect alcohol sensitivity in a small number of users |
| Benzene in aerosol sprays (2021) | The company knew or should have known of benzene and did not screen its products | Recalled out of caution, no adverse event reports received, exposure not expected to cause harm |
How Does the Old Spice Lawsuit Compare to Related Cases?
Several other cases carry the Old Spice name and are legally distinct from the two actions above. A second deodorant rash case, Laiosa v. The Procter & Gamble Company, was reported in the Southern District of New York in January 2017, and a reported outcome was not found.
Old Spice talcum powder cases are a different matter. Reports say juries heard mesothelioma claims against the talc supplier Whittaker, Clark and Daniels rather than Procter & Gamble, including a $4.8 million Los Angeles verdict in 2021, so those cases do not describe deodorant sticks or aerosol sprays.
| Case | Product | Core allegation | Reported status |
|---|---|---|---|
| Colley v. Procter and Gamble | Deodorant sticks | Burns and rashes | Class allegations stricken October 4, 2016 |
| MDL 3025 | Aerosol sprays | Benzene contamination | Class settlement of about $8 million, claims closed |
| Laiosa v. Procter and Gamble | Deodorant | Rashes and burns | Outcome not found |
| Old Spice talc cases | Talcum powder | Asbestos contamination | Reported verdicts against a talc supplier |
Whether a particular claim belongs to one of these tracks depends on the product used, the harm, and the date, and only an attorney reviewing the records can say.
Frequently Asked Questions
What is the Old Spice lawsuit about?
The Old Spice lawsuit is two separate class actions against Procter and Gamble: a 2016 case alleging Old Spice deodorant caused rashes and burns, and 2021 cases alleging benzene in Old Spice and Secret aerosol sprays. Procter and Gamble denies the allegations.
Is the Old Spice lawsuit a class action?
Yes, both actions were filed as proposed class actions. The benzene cases were centralized as MDL 3025 and ended in a class settlement, while the 2016 deodorant case had its class allegations stricken on October 4, 2016, with leave to amend.
Did Old Spice settle the lawsuit?
The benzene litigation settled for about $8 million across several Procter and Gamble aerosol brands, including Old Spice, and no settlement was reported in the 2016 deodorant burn case. Procter and Gamble did not admit wrongdoing in the benzene settlement.
Can I still join the Old Spice class action lawsuit?
No open Old Spice class action claim process was found. The benzene settlement's claim deadline passed on January 26, 2023, and the 2016 deodorant class was never certified, so anyone with an individual injury should consult an attorney about their state's deadline.
How much was the Old Spice lawsuit payout?
The Old Spice benzene settlement paid up to $10.50 per claimant without proof of purchase, from a fund of about $8 million shared across several Procter and Gamble aerosol brands. The 2016 deodorant case produced no reported payout.
Was Old Spice recalled?
Yes, Procter and Gamble voluntarily recalled specific Old Spice and Secret aerosol antiperspirants and Old Spice Below Deck aerosol sprays on November 23, 2021 because benzene was detected. Old Spice deodorant sticks were not part of that recall.
Is the Old Spice talc lawsuit the same as the deodorant lawsuit?
No, the Old Spice talc cases are separate lawsuits about talcum powder and asbestos, and reports describe verdicts against a talc supplier rather than Procter and Gamble. They are not part of the deodorant or aerosol benzene actions.