Hair Straightener Lawsuits Galore in the U.S.A.
The courts in the United States are witnessing an explosion of lawsuits, with over 9,000 cases pitted against cosmetics giants like L'Oreal and Revlon. The controversy revolves around the alleged carcinogenic nature of their chemical hair straightening products.
Judge Mary Rowland, a US District Judge in Illinois, has given the green light to these lawsuits. The plaintiffs have effectively argued that the companies have acted negligently, created flawed products, and failed to warn customers about the associated risks.
These lawsuits extend beyond the prominent names in the cosmetics industry, also involving a multitude of smaller companies, including some based in India. Initially, both L'Oreal and Revlon remained tight-lipped about the matter. However, these chemical hair straightening products are primarily marketed to African-American women.
The spark for these lawsuits was a study conducted by the National Institutes of Health in October 2022. The study revealed that women using these products several times a year had a significantly higher chance of developing uterine cancer. Consequently, the first lawsuits started surfacing later.
After these initial filings, L'Oreal stood firm with its belief in the safety of its products, arguing that the lawsuits lacked any legal basis. Revlon, on the other hand, asserted that science had not yet established a conclusive link between chemical hair straightening products and cancer.
Despite these denials, these cosmetics companies now face a barrage of legal challenges in Illinois. The health concerns have not spared even Indian-based manufacturers, as thousands of individuals seek reparation for potential health issues related to these hair straightening products.
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The situation remains complex and evolving, with significant developments as of February 2025.
- Multidistrict Litigation (MDL): The Northern District of Illinois MDL, led by Judge Mary Rowland, has expanded to include 9,819 active cases, with 170 new lawsuits filed.
- Discovery Deadlines: Judge Rowland has set stringent deadlines for the discovery phase: written discovery must be completed by February 28, 2025, and oral fact discovery by September 30, 2025.
- Class Action Status: A proposed class action, involving companies like L'Oréal USA and Revlon, has been authorized. The class action seeks damages and funding for medical monitoring, alleging that the companies failed to warn consumers about potential health risks.
- Bellwether Trials: The first bellwether trials are not expected until 2027, with a detailed schedule for the hair relaxer MDL already finalized.
- Scientific Evidence: A major long-term study by the NIH, known as the Sister Study, has indicated a clear link between hair relaxer use and higher rates of uterine cancer. The study found that women who used hair relaxers at least 4 times per year had a 150% increased risk of uterine cancer.
- Product Liability Claims: Plaintiffs have accused manufacturers like L'Oreal and Revlon of negligence, flawed product design, misrepresentation of safety, and fraudulent concealment of known dangers.
- New Lawsuits: The latest inclusion in these lawsuits is a family in Louisiana alleging that a deceased woman developed uterine cancer due to long-term usage of L'Oreal's Dark & Lovely hair relaxer products. This lawsuit seeks damages under various legal theories, including wrongful death.
As the litigation progresses, both parties are actively engaging in discovery and legal motions in their pursuit of establishing manufacturers’ liability for the alleged health risks associated with their hair straightening products.
