Wave of Fragrance Class Actions Targets Hospitality Industry

A wave of class action lawsuits has been filed against major hospitality providers alleging that the use of synthetic fragrances in common areas violates the Americans with Disabilities Act (ADA) and various state consumer protection laws. The cases have been filed within the last month in various U.S. district courts in California and Florida, and all appear to have been brought by a single plaintiffs firm, Cole & Van Note of Oakland, California.

The lawsuits allege that the defendants use synthetic fragranced consumer products, often dispersed through scent dispersion machines (SDMs) integrated with building heating, ventilation and air conditioning (HVAC) systems that emit volatile organic compounds, aldehydes, phthalates and other toxic chemicals into common areas. The plaintiffs claim that these compounds cause headaches, respiratory problems, skin irritation, and adverse gastrointestinal, cardiovascular and cognitive reactions, particularly for individuals with chemical sensitivities, fragrance sensitivities or asthma. Hotels, resorts and other hospitality operators that use SDMs or other fragrancing methods in their lobbies, common areas or HVAC systems should be aware of this emerging litigation risk and consider proactive steps to mitigate exposure.

Even if your company has not been named as a defendant, this litigation signals a new and expanding area of risk for the hospitality industry. Hotels, resorts and other operators should consider the following steps:

1. Evaluate Current Fragrance Practices. Identify whether your properties use SDMs, HVAC-integrated fragrance systems or other synthetic fragrance products in lobbies, common areas or guest rooms.
2. Review Insurance Coverage. Determine whether existing general liability or other insurance policies would cover claims of this nature, including defense costs.
3. Assess Advertising and Marketing Materials. Review website content and promotional materials for representations about air quality, accessibility or the guest environment that could form the basis of false advertising or consumer protection claims.
4. Document Business Justifications. If fragrance systems are used, maintain documentation regarding the business purpose and products used, including any available safety data sheets.
5. Monitor Developments. These cases are in their early stages, and the plaintiffs' firm appears to be filing aggressively against a broad range of hospitality and retail defendants.

For more information, including questions about the fragrance class action lawsuits or about managing fragrance-related litigation risk, contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.