Hair Relaxer Lawsuit – November 2024 Update
Hair Relaxer Lawsuit
Hair relaxers are hair treatments (usually in the form of cream or lotion) that are used by people with natural curls to straighten their hair. Millions of Americans use hair relaxer products on a regular basis.
However, a recent study found a link between the use of hair relaxers and the likeliness of developing uterine cancer. Unfortunately, that wasn’t the only study that pointed to the potential risks of using hair relaxers. A 2021 study found a correlation between the use of hair relaxers and breast cancer in Black women.
As customers were becoming aware of the risk associated with hair relaxers, chemical relaxer sales to hair professionals and salons dropped from $71m in 2011 to $30m in 2021, according to market research from the Kline Group.
People who have used hair relaxer treatments for extended periods of time and later been diagnosed with cancer are filing product liability lawsuits against the manufacturers. If you used hair relaxer products and developed cancer, you may be able to file a hair relaxer lawsuit and seek compensation.
Our firm is currently evaluating cases of Ovarian Cancer, Uterine Cancer, Endometrial Cancer, Endometriosis, and Fibroids. Get in touch with our team at King Law to get your case evaluated.
Hair Relaxer Lawsuit – 2024 Update
November 21, 2024: L’Oreal Struggles to Gather Pre-trial Information for 88 Products Listed in Lawsuit
Multiple issues were discussed in a November 14, 2024, status hearing for the consolidated hair relaxer product lawsuits (MDL 3060). The status hearing focused on fact-finding for discovery, the phase of the lawsuit where plaintiffs and defendants share important information before the trial. One of the discovery issues discussed was L’Oreal’s willingness and/or ability to find and produce documents related to 88 products. These products were a result of L’Oreal acquiring other companies. The judge referred the issue to Special Master Grossman for resolution, as documentation about these products will be important for the trial.
November 15, 2024: Study of Women in Ghana Investigates Increased Risk of Breast Cancer After Hair Relaxer Use
An analysis published in the journal Epidemiology, Lifestyle, and Genetics examined possible associations between hair relaxer use and breast cancer risk and whether or not tumor estrogen-receptor played a role in diagnosis. The analysis, titled “Abstract A036: Hair relaxers use and breast cancer risk by tumor estrogen receptor status: Results from the Ghana Breast Health study” wanted to further the research of the Ghana Breast Health Study (GBHS). In that study, women who had ever used non-lye chemical hair straighteners were found to have a 60% elevated risk of breast cancer.
November 7, 2024: More than 1,000 New Hair Relaxer Lawsuits Filed in October
More than 1,000 new plaintiffs filed cases in the multidistrict litigation against manufacturers of hair relaxers. As of November 1, 2024, there were 9,488 pending lawsuits in MDL 3060, Re: Hair Relaxer Marketing, Sales Practices, and Products Liability Litigation. The use of many hair-relaxing products has been linked to developing numerous cancers of the female reproductive system. Women or loved ones who filed these lawsuits are seeking compensation from the manufacturers of these products.
November 1, 2024: Discovery Deadline Set in Hair Relaxer Lawsuit
The discovery phase of the federal lawsuit involving cancers from hair relaxers (MDL 3060) has a deadline. In a status hearing held on October 30, 2024, Magistrate Judge Beth W. Jantz discussed deadlines and expectations throughout the remaining discovery phase. Judge Jantz will be overseeing the discovery process. Attorneys for the plaintiffs and defendants said they expect to meet the February 28, 2024,
written discovery deadline. The discovery phase is when attorneys on both sides exchange information so they can prepare for the trial.
October 7, 2024: Bellwether Trials Scheduled for Hair Relaxer Lawsuit
Two bellwether trials have been selected for the Hair Relaxer Lawsuit. The first trial is scheduled for November 3, 2025, and the second for February 2, 2026. A bellwether trial aims to gauge how a jury might react to the evidence and testimony in similar cases. The results of these trials can help both sides understand the strength of their arguments. If the plaintiffs win, it may encourage settlements, while a win for the defendants could give them an edge in negotiations.
September 1, 2024: Plaintiffs File Motion to Dismiss Certain Cases in Hair Relaxer Lawsuit, Defense Opposes
In a rare move, plaintiffs have filed a motion to dismiss several cases in the hair relaxer lawsuit. Surprisingly, the defense has opposed this motion. The plaintiffs requested the dismissal of cases that do not involve ovarian cancer, uterine cancer, or endometrial cancer, aiming to focus on the strongest cases in the lawsuit. Typically, one would expect the defense to welcome case dismissals, but their objection may stem from concerns that the plaintiffs intend to reserve the right to refile those cases later.
August 2, 2024: Judge Rowland Dismisses Nearly 200 Cases in Hair Relaxer Lawsuit
Judge Rowland has dismissed nearly 200 cases in the Hair Relaxer lawsuit. The order comes after a motion filed by a group of plaintiffs asking for a 60-day extension to serve the defendant with completed plaintiff fact sheets. The plaintiffs either did not submit a fact sheet or did not submit a complete fact sheet. Judge Rowland dismissed these cases “without prejudice” and gave the plaintiffs 1 year to re-file. If the plaintiffs do not file by June 25, 2025, their cases will convert to dismissed “with prejudice”, which means they will be barred from filing in the future.
July 7, 2024: Revlon Bankruptcy and Case Selection Impact MDL Case Numbers
With the Revlon bankruptcy and a few plaintiffs opting not to move forward with non-cancerous injuries, the MDL is hesitantly rising with almost 8,200 pending cases filed.
May 22, 2024: Update on Revlon Bankruptcy Impacting Hair Relaxer Lawsuit
Plaintiffs and Defendants filed an update addressed to Judge Rowland on May 20, 2024. One of the central issues in the Hair Relaxer lawsuit is the status of Revlon’s bankruptcy. The cases in the federal lawsuit are supposed to file claims as creditors in the bankruptcy. Several lawyers have objected to various positions taken by Revlon in bankruptcy court. Declaring bankruptcy is a strategy that big companies often use to try to avoid liability in lawsuits. The hearing in bankruptcy court is scheduled for May 30, 2024. The decision will affect at least 177 hair relaxer cases.
May 15, 2024: Judge Rowland Streamlines Filing Process in Hair Relaxer Lawsuit with New Order
Judge Rowland has issued Case Management Order number eleven in the Hair Relaxer Lawsuit. The substance of the order, which was filed on May 14, 2024, centers around how lawsuits and Plaintiff fact sheets will be filed and served. Plaintiff fact sheets give the defendants basic information about the plaintiffs who file hair relaxer lawsuits. The order requires plaintiffs to use a third-party vendor to file and serve the court documents. This seems like it is taking away some of the role of the court. The judge says it will improve efficiency. The federal court electronic filing system is quite old.
May 5, 2024: Critical Discovery Phase Ongoing in Hair Relaxer Lawsuit
The hair relaxer lawsuit is in a critical discovery stage. The parties are working on a way for the defendant to turn over the relevant information that the plaintiffs are entitled to. In a joint status report to the Judge, filed May 2, 2024, the status of the discovery process with each of the defendants was stated. It is common for the parties to disagree about how many terms should be searched and for how long of a time period. Plaintiffs usually want more information, while defendants usually want to provide less. It appears that those patterns are holding true for the hair relaxer lawsuit. We expect these discovery disputes to continue for several months.
April 9, 2024: Revlon Seeks Dismissal of 552 Hair Relaxer Lawsuits Amid Bankruptcy
Revlon has requested that 552 hair relaxer lawsuits filed in federal court be dismissed, at least against them. Revlon cites an agreement reached as part of their pending bankruptcy, which states the plaintiff failed to timely file a Hair Straightening Proof of Claim in the Chapter 11 case. Revlon filed for bankruptcy shortly before the hair relaxer lawsuits began being filed.
March 27, 2024: Motion for Sanctions Filed Against Avlon in Hair Relaxer Lawsuit
The gloves are coming off in the hair relaxer lawsuit. Plaintiffs have filed a motion against defendant Avlon requesting sanctions for inadequate discovery. It seems to be a common theme with defendants to try to hide documents and delay cases. The plaintiff’s motion was filed on March 25, 2024. According to the motion, Avlon has only turned over 5,599 documents as part of the hair relaxer lawsuit. Most defendants in a major lawsuit will turn over at least a million documents. Oftentimes, a single designer might have tens of thousands of documents related to a product. We expect the court will order a search of Avlon’s electronic files and may impose sanctions because the delay has been so long.
March 20, 2024: New Defendants added to Hair Relaxer Lawsuit
Plaintiffs in the Hair Relaxer lawsuit have named eight new defendants: Roux Laboratories; Advanced Beauty Systems, Inc.; RNA Corporation; Wella Operations US, LLC; Wella AG; Murrays Worldwide, Inc.; John Paul Mitchell Systems, and Bronner Brothers, Inc. A status hearing with newly added Defendants and the plaintiffs leadership is set for April 18, 2024 at 1:00 p.m.
March 1, 2024: Status update on Special Master
This week, both parties submitted a joint status report regarding the appointment of a Special Master to oversee electronic document organization. The Plaintiff’s agree with the Court’s position that Philip Favro and Professor Maura Grossman would be suitable. Additionally, they have expressed concerns about the candidates proposed by the defense, citing issues with impartiality related to previous litigation. The defendant’s continue to oppose any Special Master, while also suggesting a list of their own.
February 25, 2024: Parties Discuss “Special Master” in Hair relaxer lawsuit
The defendant’s have objected to the appointment of a Special Master in the hair relaxer lawsuit case. A Special Master, often a retired lawyer or judge, is appointed in complex lawsuits to oversee certain parts of a case. In this instance, this role would address any electronic discovery disputes between parties. Although they have opposed the appointment of this position, should the court order it, the defendant’s have recommended Honorable Paul Grimm (retired). The defendant’s have also asked the Court to limit the amount paid the the Special Master to $10,000 per month, to which the plaintiff’s argue would severely limit the amount of hours the master would be able to work on the issues.
February 2, 2024: Hair Relaxer Lawsuit sees major slowdown in filings
At its peak in the fall of 2023, there were thousands of hair relaxer lawsuits being filed per month. January, 2024 saw less than 200. One main reason for the glut of filings in a short period of time is due to large firms submitting hundred’s of hair relaxer lawsuit cases at one time. Now that firms have filed most of their cases, we are seeing more of a drip of cases coming in. While the hair relaxer lawsuit is fairly new, Judge Rowland seems intent on moving the process along quickly and efficiently. February 15, 2024 is the next due date for parties to submit updates to the court.
January 26, 2024: Court contemplates “Special Master” in Hair Relaxer Lawsuit case
The Court overseeing the Hair Relaxer lawsuits is considering appointing a “Special Master” to oversee this complex litigation. This is often an important role in multi-district litigation cases such as this. The Special Master acts as an independent facilitator and often helps to streamline They often oversee the discovery process, handle dispute resolution, and advise the judge on specific legal matters. The Special Master can also have involvement in consolidation efforts, procedural issues and settlement discussions. This role of often held by an experienced legal professional such as a lawyer or retired judge. The Court has given the parties until February 5, 2024 to submit any statements or possible recommendations. The Court will then hold a video conference with the parties to discuss the issue on February 13, 2024.
January 20, 2024: Next Case Management Conference set for Hair Relaxer Lawsuit Case
The next scheduled case management conference in the Hair Relaxer lawsuit is scheduled for January 25, 2024. In preparation, the parties have submitted a status update to Judge Mary Rowland.
Plaintiff Fact Sheets: After some technical issues were resolved regarding the 3rd party vendor managing the hair relaxer plaintiff fact sheets, the Court ordered the first set due by February 2, 2024.
Science Day: In large and complex cases like the Hair Relaxer lawsuit, judges often hold what is known as “Science Day.” This is an opportunity for the parties and their experts to educate the court on the facts behind the allegations made in the case, such as how the chemical is hair relaxer products can cause cancer and other conditions. The parties will further discuss Science Day at the next CM conference.
January 15, 2024: First Trials Scheduled for Hair Relaxer Lawsuit
The initial bellwether trials for the hair relaxer class action MDL lawsuit have been scheduled by Judge Mary Rowland. The trials are set for November 3, 2025, and February 2, 2026. In large litigation like the Hair Relaxer lawsuit, there are typically tens-of-thousands of individual cases. If these class action style hair relaxer lawsuits were to have a trial for each case, it would take thousands of years to complete. Instead, the court selects a handful of cases to be heard at trial that are representative of the rest of the cases as a whole. The results of these hair relaxer trials will allow the parties to see how juries will react to evidence and testimony for particular injuries like cancer, fibroids, and endometriosis caused by hair relaxers. Each trial will be decided by a jury verdict. The jury will either find in favor of the plaintiff or the defendant. If the verdict is for the plaintiff the jury will award monetary damages. At any time during or after the hair relaxer bellwether trials have concluded, there may be settlement negotiations to resolve the remaining cases based upon the outcomes of the trials. While these trials may seem to be int he distant future, it is a positive step in the right direction as these cases move forward.
January 1, 2024: New Study strengthens link between hair relaxer use and uterine cancer
In a 22 year study of 44,798 black women by the National Library of Medicine published in December of 2023, it was concluded that long-term use of hair relaxer products among menopausal women resulted in a significant increase in the development of uterine cancer. The study linked the highest rate of cancer from using hair relaxer products to those who used them for more than 15 years at least 5 times per year.
Table of Contents:
What Is a Hair Relaxer and What Does It Do?
Hair Relaxers and Their Link to Cancer
Types of Chemical Hair Treatments: Hair Relaxers and Hair Straighteners
List of Chemicals in Hair Relaxers
Chemical Hair Relaxer Side Effects
Hair Relaxing Products and Manufacturers
Hair Relaxer Settlement and Payout Amounts
How to File a Hair Relaxer Claim
What Is a Hair Relaxer and What Does It Do?
As mentioned previously, hair relaxers are treatments and at-home products used to straighten naturally curly or textured hair. These products are commonly used by Black and Latina women.
Hair relaxers work by penetrating the cuticle and the cortex layers of the hair shaft to loosen and eventually straighten the natural curl pattern. They break the disulfide bonds in the cortex layer and reform them while hair is fixed in a straight pattern. This permanently straightens the hair. A hair relaxer treatment is basically a reverse perm.
The active agent in modern products is usually a strong alkali, though some brands use formaldehyde or ammonium thioglycolate.
The use of hair relaxers is associated with mild to serious side effects. Some of them are scalp-level: burns, scabbing, dandruff, scalp irritation, rashes, hair loss, hair thinning, and premature appearance of grey hair. Some affect the hair: split ends, breakage, frizz, knots, and trouble detangling.
Serious side effects include cancers and other serious diseases.
Hair Relaxers and Their Link to Cancer
International studies have found links between hair relaxers and several types of cancer, specifically hormone-sensitive cancers (such as ovarian cancer and breast cancer) and uterine cancer.
A 2022 study by the National Institutes of Health (NIH) found that frequent use of chemical hair relaxers may double the risk of uterine cancer. The study which was published in October, was performed in the US and spanned 11 years and followed 33,947 racially diverse women, aged 35 to 74. During that time, 378 women developed uterine cancer. The study established that the rate of uterine cancer went up to 4.05 per cent in women who used hair relaxers four or more times a year, compared to 1.64 per cent in those who never used the products.
Tamara James-Todd of Harvard University’s T.H. Chan School of Public Health has shown that hair straightening products that some Black women use on a daily basis, contain parabens, phthalates, and other chemicals that are known to be endocrine disruptors. Phthalates, for example, have been linked to obesity, diabetes and cardiovascular disease. Endocrine disruptors increase the risk of hormone-sensitive cancers.
2021 Oxford University Carcinogenesis Journal study found that continuous use of hair-relaxing products could lead to breast cancer due to the fact that they contain estrogens.
In 2019, a study was published in the International Journal of Cancer that suggested that the use of permanent hair straighteners, as well as permanent hair dyes, increases the risk of breast cancer. Studies highlight that extended use of these products is particularly dangerous.
It is important to note that cosmetic products, apart from color additives, do not require FDA approval before they enter the market, which means it’s up to the consumers to do their own research and figure out if products or ingredients can be harmful to their health.
If you continuously used hair straightening products and were later diagnosed with cancer or another serious medical condition, you should consult a hair relaxer lawyer. Our team at King Law can help you evaluate your evidence and file a hair relaxer lawsuit. Give us a call and see if you are eligible for a chemical hair relaxer lawsuit.
Types of Chemical Hair Treatments: Hair Relaxers and Hair Straighteners
There are types of hair relaxers available on the market. There are variations with different strengths for different curl types.
Ammonium thioglycolate relaxers, sometimes referred to as “Thio” have a thick and creamy consistency and are said to be easy to apply. They have a pH value of at least 10 to ensure that the disulfide bonds can be broken (and that, consequently, the hair can be straightened). The relaxer is applied to the hair, and then in about 10 minutes it is rinsed out with water and a neutraliser is applied to bring the hair back to its original pH of 4.5 – 5.5.
The second type is lye relaxers. Lye is an alkali. It’s conventional name is sodium hydroxide or caustic soda. However, often lye is actually a mixture of sodium hydroxide, petroleum jelly, mineral oil, emulsifiers, and water. Lye is absorbed by hair proteins. It works by weakening the bonds rather than breaking them. The amount of lye in hair relaxers varies between brands, weaker products can minimise damage to the scalp. Lye relaxers usually have a pH of 12-14 and don’t require neutralizing. If lye relaxers are left on for too long they can cause chemical burns, permanent injury or scarring. It is recommended to use protective gloves when applying lye-containing products.
Increasing awareness of the side effects of lye resulted in the development of no-lye relaxers. Their mode of action is similar to that of the lye-based relaxer, but the sodium hydroxide is replaced with potassium, lithium or guanidine hydroxides. No-lye relaxers tend to be gentler on the scalp. However, chemical straightening still damages the hair.
Once the hair is relaxed using one of the relaxer types, it is permanently straightened. But as the hair continues to grow, the roots will grow in their natural texture. This means the relaxing process will need to be repeated. However, as we mentioned above, continuous use of relaxers can cause serious health problems.
List of Chemicals in Hair Relaxers
Hair relaxers contain various chemicals. Some of them are potentially dangerous to humans.
Almost all hair relaxers contain chemicals known as phthalates. They are known as endocrine-disrupting chemicals or EDCs.
EDCs are types of chemicals that affect the endocrine (hormonal) system. Hair relaxers often contain a phthalate chemical called Di(2-ethylhexyl)phthalate or DEHP. DEHP is known to cause cancer and birth defects.
Lye relaxers contain sodium hydroxide. Exposure to very high concentrations of sodium hydroxide can cause burns to the eyes and skin. Prolonged or repeated skin contact may result in dermatitis. Repeated inhalation of sodium hydroxide vapor can lead to permanent lung damage. However, it would be fair to point out that the amount of lye in hair relaxers is most likely to result in scalp damage, specifically, irritation or burns.
Ammonium thioglycolate side effects include sensitivity dermatitis of scalp or hands, with edema, erythema, subcutaneous lesions, burning of skin, papular rash and itching.
Formaldehyde may cause sensitive individuals to experience adverse effects such as watery eyes; burning sensations in the eyes, nose, and throat; coughing; wheezing; nausea; and skin irritation. Long-term side effects of formaldehyde are less known.
Other common ingredients in hair relaxers are hydrogen peroxide, hydroxyl compounds, and phosphoric acid. Natural relaxer products usually contain cocoa butter, coconut oil or olive oil, but they are not as strong as their chemical counterparts.
Chemical Hair Relaxer Side Effects
Continuous use of chemical hair relaxers can cause adverse side effects. The longer you’ve been exposed to the chemicals, the more likely they are to have caused damage.
The severity of side effects varies from person to person, and some don’t experience any side effects.
The most common chemical hair relaxer side effects include damage to the hair and skin (primarily the scalp and forehead). Ingredients such as hydrogen peroxide can damage the hair cuticle and cause breakage. It can also be very irritating to the scalp and lead to dandruff, hair loss and scalp dermatitis.
Many hair relaxers contain parabens, most often butylparaben, methylparaben, isobutylparaben, and ethylparaben. These parabens disrupt the endocrine system and can cause endometriosis.
Sodium hydroxide, or lye, is a potential carcinogen. Regular exposure has been known to cause severe burns.
If you can’t refrain from using a hair relaxer, make sure to read the label carefully and learn about the ingredients. Ideally, visit a specialist at a reputable salon, it will help you avoid burns and irritation associated with incorrect handling and application.
Hair Relaxing Products and Manufacturers
Many commonly used hair relaxers were found to contain dangerous chemicals. Amongs them – products of such well-known brands as L’Oreal, Revlon, The following products have been named in hair relaxer lawsuits to date:
African Pride
- Olive Miracle Deep Conditioning Relaxer
- Olive Miracle Deep Conditioning No-Lye Relaxer
- Olive Miracle Anti-breakage No-Lye Relaxer
- Olive Miracle Dream Kids Relaxer
- Olive Miracle Touch Up No-Lye Relaxer
Africa’s Best
- Herbal Intensive Dual Conditioning Relaxer
- Originals Olive Oil No-Lye Conditioning Relaxer
- Touch-Up Plus Moisturizing No-Lye New Growth Relaxer
Crème of Nature
- Argan Oil Relaxer
Isoplus, J.M. Products
- No-Lye Conditioning Relaxer
Just For Me
- No-Lye Conditioning Relaxer
- No-Lye Conditioning Texture Softener
Mizani, L’Oreal
- Sensitive Scalp Rhelaxer
- Butter Blend Sensitive Scalp Rhelaxer
Motions
- Classic Formula Relaxer
- Regular Relaxer
- Silkening Shine No-Lye Relaxer
- Smooth & Silken Relaxer
Organic Root Stimulator (ORS) Olive Oil
- No Base Relaxer
- No-Lye Relaxer
- New Growth Relaxer
- Girls Hair Relaxer
- Zone Relaxer
- Professional Crème Relaxer
- Mild Touch Relaxer
Profectiv MegaGrowth
- No-Lye Regular Relaxer
- No-Lye Super Relaxer
Revlon
- Conditioning Crème Relaxer
SoftSheen Carson (SSC), L’Oreal
- Precise No-Lye Conditioning Relaxer Supreme
- Precise No-Lye Original Relaxer
- No Base Relaxer
- Multi Mineral Reduced Ph Creme Relaxer
- Optimum Smooth Multi-Mineral Creme Hair Relaxer
- Multi-Mineral Reduced Ph Crème Relaxer
- Salon Collection Hair Relaxer Super Strength – Optimum Salon Haircare
- Salon Collection Relaxer Regular Strength – Optimum Salon Haircare
SSC Dark and Lovely, L’Oreal
- Moisturizing Relaxer with Shea Butter
- Triple Nourished Silkening Relaxer
- Beautiful Beginnings Kids No-Mistake Nourishing No-Lye Crème Relaxer
- Healthy Gloss Shea Moisture No-Lye Relaxer
Silk Elements, Sally Beauty
- MegaSilk Shea Butter Relaxer
- Luxury Moisturizing Shea Butter Relaxer
Soft & Beautiful
- Botanicals Regular Texturizer
- No-Lye Regular Texturizer
- No Lye Sensitive Scalp Relaxer
TCB Naturals
- Conditioning No-Lye Hair Relaxer
- No Base Crème Hair Relaxer
Hair Relaxer Settlement and Payout Amounts
Chemical relaxer compensation can either be received through a settlement or a trial verdict. A hair relaxer settlement amount will depend on a variety of factors, and it’s impossible to predict exactly how much it will be, if granted. The factors that will be taken into consideration include:
- The severity of injuries developed following the use of hair relaxers/Diagnosis
- Whether the disease/injuries prevent you from working
- Cost of medical bills
- Other damages, like loss of employment due to illness, loss of quality of life, transportation costs, legal costs, and more
Some speculate that a hair relaxer case may lead to a settlement between $400,000 and $1.5 million, depending on the severity of the disease and accompanying factors. People who developed cancer are likely to receive higher settlements than people who suffered from local burns, but it is important to state that each individual case is different.
It is important to have good legal representation to ensure you are compensated fairly in a hair relaxer lawsuit. At King Law we will evaluate your case and walk you through the next steps.
How to File a Hair Relaxer Claim
Before filing a hair relaxer claim, gather the following information:
- Brand and product name of the chemical hair relaxer that you used
- How long/how many times you used it
- Your diagnosis, date of diagnosis and any supporting evidence, such as medical records and bills
Once you’ve gathered the information, contact an experienced lawyer and they will guide you through the process. At King Law our hair relaxer attorneys will carefully evaluate your claim and tell you if you meet the eligibility criteria to file a chemical relaxer lawsuit.
LATEST NEWS ON HAIR RELAXER
December 3, 2023: Leadership asks for 11% holdback
The lawyers chosen to lead the Hair Relaxer class action case have proposed an 11% common benefit fund or holdback. The Common Benefit Fund is standard practice is class-action and multi-district litigation cases, and is designed to compensate the attorney’s for the massive amount of work they do as part of the leadership group. It is not uncommon for attorney’s to dedicate more than five years working on a single litigation, like the Hair Relaxer case. The common benefit fund is usually in the 7% range, so this is a big request, which the court will still need to approve. It is important to note that this amount is not paid by individual plaintiff’s, but instead paid by the lawyer representing these individuals. In other words, it comes out of your lawyer’s pocket – not yours.
November 21, 2023: Status conference held in Hair Relaxer Class Action Lawsuit
A recent status conference was held November 17, 2023 before Judge Rowland. Several topics were discussed:
1. Case Management Order: The parties discussed the status of the Plaintiff’s Fact Sheet’s and Records authorizations.
2. Science Day: There is a dispute as to when “Science Day” will be held. Science Day is when the parties help the court to understand the complexities behind the science of the hair relaxer lawsuit and how it can cause ovarian, uterine, and endometrial cancer and other conditions such as fibroids and endometriosis. The court ordered the parties to submit written briefs on their positions.
3. Documents: Revlon and Avalon (two of the defendant’s in the hair relaxer lawsuit) are required to produce documents by December 15, 2023.
4. Other Lawsuits: An update was given on similar hair relaxer lawsuits in state courts. The parties made no specific request to the court.
It is expected that things in the hair relaxer litigation will slow down a bit as we move through the holiday’s and will begin to ramp up in January of 2024.
December 3, 2023: Leadership asks for 11% holdback
The lawyers chosen to lead the Hair Relaxer class action case have proposed an 11% common benefit fund or holdback. The Common Benefit Fund is standard practice is class-action and multi-district litigation cases, and is designed to compensate the attorney’s for the massive amount of work they do as part of the leadership group. It is not uncommon for attorney’s to dedicate more than five years working on a single litigation, like the Hair Relaxer case. The common benefit fund is usually in the 7% range, so this is a big request, which the court will still need to approve. It is important to note that this amount is not paid by individual plaintiff’s, but instead paid by the lawyer representing these individuals. In other words, it comes out of your lawyer’s pocket – not yours.
November 21, 2023: Status conference held in Hair Relaxer Class Action Lawsuit
A recent status conference was held November 17, 2023 before Judge Rowland. Several topics were discussed:
1. Case Management Order: The parties discussed the status of the Plaintiff’s Fact Sheet’s and Records authorizations.
2. Science Day: There is a dispute as to when “Science Day” will be held. Science Day is when the parties help the court to understand the complexities behind the science of the hair relaxer lawsuit and how it can cause ovarian, uterine, and endometrial cancer and other conditions such as fibroids and endometriosis. The court ordered the parties to submit written briefs on their positions.
3. Documents: Revlon and Avalon (two of the defendant’s in the hair relaxer lawsuit) are required to produce documents by December 15, 2023.
4. Other Lawsuits: An update was given on similar hair relaxer lawsuits in state courts. The parties made no specific request to the court.
It is expected that things in the hair relaxer litigation will slow down a bit as we move through the holiday’s and will begin to ramp up in January of 2024.
October 4, 2023: Hair Relaxer Lawsuit Status
A recent update was made to the Case Management Order by Judge Mary M. Rowland in the Hair Relaxer Lawsuit case. Among the clarifications: 1. Plaintiff’s must use the short form complaint (SFC); 2. The date of filing of the Long form Complaint (LFC) or the SFC complaint is considered to begin the initiation of the case for purposes of statute of limitations.; 3. If a plaintiff fails to properly file the SFC the defense can advise the plaintiff to correct, or may seek dismissal.
More than 2,000 new cases have been added to the hair relaxer MDL in the past month, or as some call it, the Hair Relaxer Class Action Lawsuit. While this litigation is still new, it is progressing quickly. Still, plaintiff’s should know these types of cases can take several years to resolve.
September 18, 2023: Court Establishes Procedure for Filing Claims in Hair Relaxer Lawsuit Cases
On September 13, 2023, Judge Mary M. Rowland, issued an order which creating procedures for how plaintiffs must file Hair Relaxer lawsuit claims. Some refer to this as the Hair Relaxer Class Action Lawsuit. While not technically a class action, it does share some similarities, namely the consolidation of cases in one court. The Hair Relaxer lawsuit is officially a multi-district litigation case, or MDL. In the order, Judge Rowland sets forth rules for filing, serving, amending a short-form complaint, the consequences for not doing so, and other procedural components. This litigation is still very new and there will be many more pre-trial proceedings to come before we see any real action.
August 4, 2023: Hair Relaxer Lawsuit Short-Form Complaint Approved By The Court
The judge overseeing the hair relaxer cancer lawsuits issued an order on August 3, 2023, approving the Short-Form Complaint. This document is used by all plaintiff’s in a multi-district Litigation (MDL) when filing their individual lawsuit. The short-form complaint generalizes and condenses all of the allegations which plaintiff’s base their lawsuit upon. In the hair relaxer lawsuits, the document outlines two major components: 1. The type(s) of hair relaxer the plaintiff used; 2. The injuries that resulted from the use of the hair relaxer product. The main injuries notes in this specific document relate to uterine cancer, endometrial cancer, and ovarian cancer. While not specifically listed, issues such as fibroids and endometriosis may qualify.
August 1, 2023: Plaintiff’s Lawyers Ask For Extension to File Master Complaint
The Plaintiff’s Leadership Committee (PLC) filed a status update with the the Court on July 28, 2023. Judge Mary M. Rowland, who is overseeing the Hair Relaxer Cancer litigation cases, asked the PLC to file a “Master Complaint” by July 31, 2023. A Master Complaint is a document that represents the grievances by the plaintiffs and outlines the reasons for their legal action. Instead of filing individual lawsuits (or complaints) separately, this document helps to streamline the process and make it more efficient, as the court can address all complaints at one time. The PLC noted that they are working with lawyers who are bringing other lawsuits and to consolidate their efforts into one master complaint. The PLC noted significant progress, but asked the judge for an extension until August 14, 2023 to file the official master complaint.
July 5, 2023: Defendant in Hair Relaxer Lawsuit files Motion to Dismiss
One of the defendants in the hair relaxer lawsuit, Parfums de Coeur (PDC), has filed a motion to dismiss in the multi-district litigation in the Northern District of Illinois federal court. The company alleges that the plaintiff, SHAQUITA DAVIS, does not have personal jurisdiction because she does not live, work, have a place of business, own property, or have other “minimal” contacts in the state as required by law. The defendant further states that it does not manufacture or sell the product in question in Illinois, specifically Cantu brand hair relaxer. Without these minimum contacts, the defendant alleges that the the plaintiff has failed to establish that court has jurisdiction over them. PDC also argues that the plaintiff fails to state a claim under rule 12(b)(6). PDC claims that the complaint lacks factual allegations and it asserts that it did not design, manufacture, or sell the products in question.
July 1, 2023: Local Woman Shares her Hair Relaxer Cancer story with 13 WHAM News
King Law and Lovely Warren held an informational session for those interested in learning more about he potential hazards of hair relaxer products, including cancer. Our client, Stephanie, was brave enough to share her story. Link: Stephanie’s Story
June 1, 2023: Hair Relaxer Lawsuit Seminar with Lovely Warren and Robert King
King Law has teamed up with Lovely Warren for an educational session for our local community. Studies show that use of hair relaxer causes increased risk of cancer in women. Our local community is still uneducated on the risks of hair relaxer use. This live session will discuss the dangers of the products known to contain chemicals that cause cancer and next steps for those concerned about hair relaxer use. Individuals experiencing serious health issues such as Uterine Cancer, Ovarian Cancer, and Endometrial Cancer from the use of hair relaxer may wish to join the multi-district class action lawsuit currently pending in federal court.
The event will be held on June 20, 2023, at 5:30pm at Urban Euphoria located at 35 S Washington St, Rochester, NY 14608. Listen to the radio ad featuring Lovely Warren below.
May 23, 2023: Short Form Complaint – An Important Document Filed in Hair Relaxer Lawsuit
On May 15, 2023 the Plaintiff’s filed a “Master Short-Form Complaint” in the Northern District of Illinois Federal Court. A “complaint” is typically used to designate the venue (where the case will be heard), identify the parties, state the factual allegations and legal claims, and propose the relief sought. The “Long-Form” complaint is usually a very detailed document that can be dozens or even hundreds of pages long. The “Short-Form” complaint is a simplified version designed to provide an concise overview of the plaintiff’s claims and basis for the lawsuit. Lawyers for each individual involved in the hair relaxer cancer lawsuit will file a short-form complaint in the Northern District of Illinois federal court. In the short form complaint filed here, the main injuries alleged to be caused by hair relaxer’s include uterine cancer, endometrial cancer, and ovarian cancer.
May 1, 2023: Attorney Robert King Discusses Hair Relaxer Lawsuits on WDKX Radio
Attorney Robert King was recently interviewed on WDKX 103.9 about Hair Relaxer Lawsuits. Attorney King discusses the background and recent studies about how hair relaxer products can cause cancers such as uterine, ovarian, and endometriosis. Listen to the hair relaxer lawsuit interview below:
A group of campaigners led by the European organization, Level Up, is calling on cosmetics company L’Oréal to withdraw its hair-straightening products, which are primarily used by black women, following research that links them to an increased risk of cancer. In light of growing lawsuits, in an open letter, the coalition of politicians, campaigners, and professionals including Labour MP Dawn Butler, Women’s Equality party leader Mandu Reid, and leading #MeToo campaigner Prof Marai Larasi, also asked L’Oréal to invest in research into the long-term use of chemical relaxers. A 2022 study by the US National Institutes of Health found that women who used hair straighteners containing lye several times a year were more than twice as likely to develop uterine cancer. A 2021 study published in Oxford University’s Carcinogenesis journal found links between heavy use of lye-containing relaxers and breast cancer. L’Oréal has denied any links to cancer and stated that its products are safe. However, over 100 lawsuits claiming that hair relaxer products sold by L’Oréal and other companies cause cancer and other health problems have been consolidated in a Chicago federal court. L’Oréal has stated that these lawsuits have no legal merit.
April 19, 2023: Status Conference Held in Hair Relaxer Lawsuit
Over 100 lawsuits have been filed in the U.S. against the makers of popular hair straighteners, contending that women were not properly warned about the link between hair relaxer use and various types of cancer. The U.S. Judicial Panel on Multidistrict Litigation consolidated all hair relaxer lawsuits into a MDL and appointed U.S. District Judge Mary M. Rowland to oversee the proceedings. The parties involved discussed important topics related to the litigation during a status conference on April 18, 2023, including how to handle issues of causation as claims link hair relaxer chemicals to different types of cancer and adverse health effects. In the lawsuits, defendants have requested that the court consider general causation first, while plaintiffs are opposed this approach, which they believe will delay the process. The parties have proposed filing briefs outlining their arguments if an agreement cannot be reached. The parties also discussed how to coordinate hair relaxer lawsuits filed in state and federal courts and scheduling future case management conferences. Judge Rowland is expected to establish a bellwether (test trial) process where representative hair relaxer injury lawsuits will discuss case-specific discovery and be prepared for early trial dates. The outcomes of these trials are expected to have a significant impact on the settlement offers made by manufacturers to avoid each case going to trial. If no settlements are reached, each claim may be returned back to the U.S. District Court for trial. Those closely involved in the lawsuits expect hundreds if not thousands of additional cases to be filed in near future.
At least 57 lawsuits against hair relaxer manufacturers are now being consolidated in a Chicago federal court. The lawsuits claim that the hair straightening products use chemicals that pose a serious danger to customers’ health, and that the companies were aware of it.
February 6, 2023: Class Action Lasuit for Hair Relaxer Gets Green Light
The hair straightener class action lawsuit was given the green light by the JPML Panel.
A new hair relaxer lawsuit – Gamble v. Strength of Nature Global, LLC, et al. was recently filed against L’Oreal in the U.S. District Court for the Southern District of Georgia. The plaintiff, Keaira Gamble, was diagnosed with uterine fibroids at age 22. The fibroids caused her extreme pain, and she underwent myomectomy surgery to remove them in 2011. In 2019, Gamble developed uterine fibroids again.
Gamble’s lawyer claims that the fibroids were caused by continuous exposure to chemicals in hair relaxer products. This is the first filed hair relaxer lawsuit alleging injuries other than uterine cancer.
November 15, 2022: Lawyers Request Hair Relaxer Lawsuits Be Consolidated
Personal injury and product liability lawyers representing a group of plaintiffs who filed hair relaxer cancer lawsuits filed a motion with the Judicial Panel on Multidistrict Litigation (JPML) requesting consolidation of the hair relaxer lawsuits into a class action MDL.
October 27, 2022: Amid Lawsuits L’Oréal Defends its Hair Relaxer Products Linked to Cancer in Women
In a statement to The Washington Post, a spokesman for L’Oréal, the largest cosmetics company in the world, that owns the SoftSheen Carson hair relaxer brand, shared that the company is “confident in the safety of our products and believe the recent lawsuits filed against us have no legal merit.” “L’Oréal upholds the highest standards of safety for all its products,” the spokesman continued. “Our products are subject to a rigorous scientific evaluation of their safety by experts who also ensure that we follow strictly all regulations in every market in which we operate.”
October 18, 2022: L’Oréal Faces Hair Relaxer Lawsuit
Jenny Mitchell, a 32-year-old American woman, filed a civil lawsuit against L’Oreal and other companies claiming that the use of their hair-straightening products led her to develop uterine cancer and subsequently undergo a full hysterectomy (surgery to remove her uterus). She had been using the products for over 2 decades. Mitchell received her diagnosis while seeking fertility treatment.