Victoria's Secret Bras Contaminated With Formaldehyde According To Ohio Woman's Lawsuit

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Posted by Wayne ParsonsNovember 13, 2008 1:37 PM

A woman in Ohio purchased Victoria's Secret bras and after wearing them came down with hot , blistering welts and severe itching that made it difficult to sleep. She filed suit in May after tests revealed that the bras contained formaldehyde, an embalming chemical. She may be allergic to formaldehyde. The bras she purchased are the Angels Secret Embrace and Very Sexy Extreme Me Push-Up bras.

A class action lawsuit has been filed but court approval of the class action has not yet occurred. Apparently dozens of women have been contacting the Ohio attorneys who filed the suit with similar complaints. According to ABC News Victoria's Secret has stated that "We have strict quality controls around our products, and we do not use formaldehyde in our bras". The woman's attorneys have responded that "[i]t may not be something that they're specifying to put in their bra, but somehow it's making its way into the manufacturing process because it was certainly present," according to the ABC New story.

In a Fox News story they quote the Ohio woman as saying that"

I had the welts ... very red, hot to the touch, extremely inflamed, blistery. It itched profusely. I couldn't sleep, waking up itching.

How the formaldehyde got in Victoria's Secret bras is not yet known but apparently other women are having the problem. Often in chemical sensitivity injury cases it turns out that contamination occurs in the manufacturing process when products are exposed to dangerous chemicals coming from some other source. In the DuPont Benlate cases that I was involved in as an attorney on behalf of flower farmers in Hawaii, the fungicide had been manufactured next door to a plant that manufactured a powerful herbicide and lack of quality control resulted in contamination of the fungicide powder with a powerful and deadly chemical. Perhaps that is what is happening here.

Consumers have no protection from these types of injuries. what we eat and wear and the air we breath can injure us it contains dangerous chemicals and no one can test all of these things before using or consuming them. That is why the corporate practices of manufacturers and the regulatory expense of our consumer protection government agencies is so important. Corporations have been successful at reducing government regulation and these are the results of such trends. The recent U.S. Supreme Court case of Wyeth vs. Levine and legislation proposed by corporation friendly legislators to completely bar lawsuits by injured consumers in these cases. They would have the governmental approvals of their products be a bar to any claim that the product is defective. You can read other articles in my Blog and at the Injury Board website about this attempt to take away consumer rights. Only public pressure will stop that from happening. Go to the American Association of Justice website to learn more and join the fight for people over profits!

23 Comments

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Posted by
November 13, 2008 3:00 PM

tinav4228
Posted by tinav4228
November 13, 2008 3:05 PM

How do I get in on this lawsuit? I have been suffering for a long time with rashes that my doctor could not explain. I only wear vs push up bras and now I know why I have been suffering with welts and itching. Please send me some info. Thank You

tinamarie
Posted by tinamarie
November 13, 2008 8:03 PM

Oh please. That could be from anything. People need to stop being so desperate to get money.

Posted by
November 13, 2008 8:09 PM

I can't believe people are wasting their time on this! Millions of women have been wearing VS bras for YEARS..of all different kinds...and not had these problems. Even if the company had traces of it in the bras, which I highly doubt since I've never been anything other than thoroughly impressed by their products, it would have to be a MASS amount in order to bother you! You would smell it before you even put it on! It's not something that builds up in your body and causes constant issues. Get over it.

Joyce Jeter
Posted by Joyce Jeter
November 13, 2008 8:31 PM

I went to my doctor due to a bad rash under my breast, the doctor did not know what it was, but gave me a very expensive cream to use to get rid of it. I ordered all my VS bras online or via phone. I received all my bras in the mail. I only wear VS bras, but I think I will try others.

Catherine Henry
Posted by Catherine Henry
November 13, 2008 9:17 PM

I Catherine Henry have experienced the rashes and the skin irritataion due to wearing Victoria Secret bras twice.My grand-daughter suggested that it might be the bra when i told her but i said"no this is Victoria Secret bra". Until we saw the news and came to reliaze it really was the bra. Very dissapointing Victoria why would you use that chemical?

Stephanie Estrella
Posted by Stephanie Estrella
November 14, 2008 11:51 AM

I currently wear Victoria Secret Bras and i am experiencing a horrible rash between my breast that is uncomfortable to the touch and extremely itchy

Posted by
November 14, 2008 12:48 PM

I have never bought a bra at Victoria Secret before, but in July 2008 I bought a vs very sexxy push up bra. I got the rash everywhere and ended up in my Doctor's office three days in a row. It was the most uncomfortable feeling ever. I was itching so bad my body was shaking. I couldn't stand myself for about a month and a half. I changed my detergent, soap, and washed all my clothes and sheets. I would have never thought it to be the bra, but now I plan to research this.

Posted by
November 14, 2008 12:48 PM

I have never bought a bra at Victoria Secret before, but in July 2008 I bought a vs very sexxy push up bra. I got the rash everywhere and ended up in my Doctor's office three days in a row. It was the most uncomfortable feeling ever. I was itching so bad my body was shaking. I couldn't stand myself for about a month and a half. I changed my detergent, soap, and washed all my clothes and sheets. I would have never thought it to be the bra, but now I plan to research this.

lorac
Posted by lorac
November 14, 2008 5:07 PM

oh my god that ws me.

lorac
Posted by lorac
November 14, 2008 5:07 PM

oh my god that ws me.

Steve Lombardi
Posted by Steve Lombardi
November 14, 2008 5:20 PM

Hopefully men can appreciate the concerns a woman has about this, without Jockey briefs being contaminated with formaldehyde.

Dalia Bach
Posted by Dalia Bach
November 15, 2008 12:18 PM

I've had a very painful itchy rash for the last 5 weeks or so. Since I tried changing detergents and bath soaps without any success, I recently began to suspect it was caused by my VS bras because of the area of the inflammation. What a shock when I heard about this lawsuit item less than a half hour the radio!!! What should my next step be?

Tobermory
Posted by Tobermory
November 15, 2008 12:29 PM

"How do I get in on this lawsuit? I have been suffering for a long time with rashes that my doctor could not explain. I only wear vs push up bras and now I know why I have been suffering with welts and itching."

I had a similar problem What solved it for me was removing the underwires from my bras. Some bras are made with underwires made out of stainless steel. Stainless steel contains nickel, which many people -- including me -- are allergic to.

Tobermory
Posted by Tobermory
November 15, 2008 12:37 PM

"Oh please. That could be from anything. People need to stop being so desperate to get money."

For those of us who are allergic to formaldehyde, this is a very serious matter, because the rash lasts for quite a long time, bleeds and can become infected. I don't buy VS bras, but most of the shoes now on the market contain formaldehyde, and this causes wearers to get such a severe bleeding rash on the bottoms of their feet that they cannot walk for a week.

I'm glad to see that -- despite people like you -- formaldehyde in wearing apparel is now being addressed at long last.

Wayne Parsons
Posted by Wayne Parsons
November 15, 2008 2:10 PM

I was surprised by the huge response to my original post on this subject. I myself have been educating myself about Formaldehyde contact dermatitis and the clothing industry manufacturing process. The range of problems that have been reported to my site vary from minor problems to major scras. In the legal arena I have not filed any lawsuits and since I am licensed in Hawaii I can't file lawsuits or practice law in other states. So I am looking into what options the women who have responded to this post have in their communities. The idea of a "class action" is usually mentioned and I understand that the lawyers in Ohio have filed one. Be aware that before a class action can proceed, a judge must "certify the class". That means that the judge makes an investigation of the claims and determines whether or not the damages of each class member are very similar. In a class action each plaintiff gets an equal share of the proceeds. The idea is that everyone suffers the same damages. It is possible to have different amounts for each injured person but only if there is some simple method of calculating the amounts mathematically. As you can imagine, an injury that involves disfigurement is vastly different for each person. In the breast implant cases years ago this caused a lot of controversy and problems for the courts. In a class action the injured parties do not put on a case showing the evidence of their injuries and losses. So sometimes a judge will say that the damages for each woman (in this case)are too diverse to allow a class action lawsuit to go forward. That would require each woman to file her own lawsuit. The legal system does have methods to do that and the asbestos injury cases and many pharmaceutical defective drug cases are handled that way.

I am not recommending that anyone file suit at this time nor am I discouraging the filing of suit. Every woman who has suffered an injury should be aware however that there is a law in each state the limits the time within which a lawsuit can be filed. That is called a "statute of limitations" generally and the vast majority of those time limits are 1, 2 or 3 years from the date of injury. The date of injury is usually considered to be the date the woman first became aware of a problem. In these injuries it would probably be the date of the first sign on the skin or the first symptom. It could however be as early as the first time the woman wore the particular bra that caused the problem. Each woman should consult a personal injury attorney in your state to ask about the staute of limitations in your situation. It is beyond my ability to answer that question for anyone except women in the State of Hawaii where I parcatice law. Find an attorney in your state by going to More ... or More ... Or call someone by contacting a local bar association or attorney where you live.

Back to the subject of formaldehyde clothing dermatitis it seems that this is a risk that clothing manufacturers are well aware of and so the question is 1) How did formaldehyde get in the Victoria's Secret bras? 2) Was the level of Formaldehyde in these bras excessive and if so, why? 3) Should Victoria's Secret have warned customers about this known risk and, if so, what kind of warning would be adequate? 4) What can be done medically to help those who have had an a formaldehyde clothing dermatitis from a Victoria's Secret bra?

Attorneys look at these potential claims knowing that burden of proof is on the woman and her attorney to "prove" that the injury came from the particular bra and that Victoria's Secret did something wrong to create this injury. That requires hiring experts to analyze the woman's bra(s) and then get medical experts to verify that based upon reasonable medical probabilities, the bra caused the injury.

If the injury resolves in a few months with no permanent disfigurement or dermatitis symptoms then the cost of a lawsuit and experts is prbably not justified. If there is permanent injury then perhaps a lawsuit is justified. I would mention to all thoise who read this that judges and citizen juries are conservative in the amount of money that they assess as damages in all injury cases these. That fact is important in deciding whether to pursue a claim - both by the injured person and by the attorney.

I have posted another article on "Formadehyde Clothing Dermatitis" to help educate the many women who are confronting this problem and are unfamiliar with the condition.

Meehan
Posted by Meehan
November 16, 2008 2:41 PM

I agree with the woman who thinks the rash is "nickel" related. Many people are allergic to nickel and I often get a slight rash if I wear an underwire bra that nickel in it. Did I file a lawsuit because of it? No. No one brand is worse than the other. There should be no lawsuit, just a warning to watch for this type of reaction. People are too lawsuit happy. Get over it. Don't buy their bras again. Maybe VS will require you to sign a release before you buy a bra now "Use at your own risk" lol. Come on ladies there are so many more important things going on in the world.

Chelsea
Posted by Chelsea
November 16, 2008 5:12 PM

I had this happen to me a few years ago! I got it around where the bra was against my skin but I thought that *I* must have somehow gotten something on the bra. It was horrible. The only thing that would make me feel better or allow me to sleep was to put a towel in the freezer and then wrap it around my chest.

M
Posted by M
November 16, 2008 7:38 PM

how do we test the bras for the chemical? I have been suffering with the same symptoms for months on end. Scares, hives, scabs, etc.

gail
Posted by gail
November 16, 2008 8:41 PM

I have had problems with rashes as well. The doctors could not determine the cause. Nasty chemicals in the fabric explains a lot. I guess I'll have to find a new company to buy bras from. Too bad VS.

John
Posted by John
November 17, 2008 11:28 AM

"Hopefully men can appreciate the concerns a woman has about this, without Jockey briefs being contaminated with formaldehyde."

Wouldn't concern me. I WASH my clothes before the first wear.

Amanda
Posted by Amanda
December 03, 2008 7:48 PM

I have the same problem. I thought it was allergies to something. I use only natural everything from soaps to detergents and I noticed no change in my breast area. Such extreme itching, I could barely stand it. I would have to interrupt working on patients to go scatch. It drove me nuts. I have had allergy testing and have no allergies. So this makes sense to me. My bras are all La Senza (Victoria Secret owns the company in Canada). I would think Victoria Secret is not the only company with contaminated products and I don't think these comments are for money grabs. I think people just want answers and are sick and tired of having their health toyed with. We all just want to be able to buy/use safe products. I don't think we are necessarily going to be safe if we buy another company's products. We obviously know there may be an issue with Victoria Secret, but how do we know the other things we're wearing aren't contaminated either? I just don't get why people wonder where cancer comes from. A little here and there and everything we eat/wear has something in it. It all adds up. I think any trace of a toxin is an unacceptable level. And if it's is knowingly in a product I think it should have to be stated and allow the consumer to make the choice to use it not the company (by not telling people).

Katie
Posted by Katie
December 05, 2008 10:42 AM

Hi, my name is Katie, I'm from Ohio. I have been wearing Victoria Secret for years. I recently ordered a shirt from Victoria Secret. On Thanksgiving Day I wore it to my sister house for dinner for the first time. When I came home, my right arm had a big blister, I thought was a burn, but it wasn't. The next day I woke up, it was swollen, red, and it had small rashes surrounding the area. It's been 2 weeks, I cant sleep at night, I have to wake up in the middle of the night scatching myself, because it itching so bad, until now, almost half of my arm fill with rashes, and blisters. I tried all kind of creams to help get rid of, but it didnt work. My clients just told me about VS, I then logged online to find out.....

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