Hair Relaxer Cancer Litigation Ongoing and Advocates Fight for Change

Santa Clara, CAAs advocates and watchdogs with organizations like the NAACP and the Environmental Working Group, and at least one politician, create more awareness amongst Black women about serious health risks of hair straightener products, more hair relaxer lawsuits are filed. And they are insisting that the regulatory framework needs to change. 

Sadly, more hair relaxer lawsuits are on the rise as more women are diagnosed with uterine cancer, endometrial cancer, ovarian cancer and other injuries. And now attorneys are taking uterine fibroids cases, all allegedly linked to toxic chemicals, such as formaldehyde, in hair relaxers and straighteners.

Attorney Danielle Ward Mason, herself a Black woman, represented four women in Georgia. Their separate cases against the manufacturers are stayed, pending a motion to dismiss by appellate courts, Mason told the Ledger-Enquirer. She contends that L’Oreal and other hair straightener makers misrepresented the products as safe and marketed them with images of young girls who never even used chemical relaxers to straighten their hair. 

With the resources these groups and organizations provide, Mason said they will help spread the word about the danger of chemical hair relaxers and they will add more clout to plaintiffs’ lawsuits. In a news release, a spokesperson for the NAACP (National Association for the Advancement of Colored People) said that the civil rights organization “will use all its legal might to seek justice from those companies that have profited while Black women were harmed by these beauty products… It remains the mission of The Association to protect Black women against predation of any form, most especially against their health and wellness.”

Hair Relaxer Litigation

According to a Distribution of Pending MDL Dockets update, plaintiffs have filed cases in multiple states and with almost 10,000 cases pending, the momentum is building. As well, a joint status report submitted November 7th by lawyers involved in the MDL shows there are also another 300 complaints pending in various state courts, including Illinois, Georgia, New York and Pennsylvania. In October, more than 1,000 cases marked the highest volume of new filings in a single month since the MDL began, reported the Lawsuit Information Center. 

The U.S. District Judge presiding over all the hair relaxer cases met on November 12th with lawyers involved in the litigation. Earlier this month, a U.S. District Judge in Illinois allowed a class action lawsuit against L’Oreal, Revlon, Namasté Laboratories and other companies to move forward, despite the manufacturers attempt to prevent a bid to consolidate their claims – claims the plaintiffs’ attorneys contend that their hair products came with an increased risk of uterine cancer. Attorneys believe the MDL’s growth places mounting pressure on defendants as the litigation approaches critical stages, which could help determine future settlement strategies or verdict outcomes.

Fighting for Regulatory Change

Back to attorney Mason: she is working with the American Association for Justice to help bring the fight for regulatory change to federal lawmakers. She points out that more testing and research needs to be done on cosmetic products before they’re marketed to the public, but when it comes to the FDA regulating cosmetics, it’s still the wild west. For instance, CBS News reported in August 2024 that there has only been voluntary requirements for the cosmetics industry essentially since the Food Drug and Cosmetic Act.

That was in 1938.

Watchdogs like The Environmental Working Group research and tests many cosmetics and everyday products, from tap water to sunscreen—and they have online a consumer guide. The EWG concurs with CBS regarding cosmetics. It points out that Congress last updated the federal law designed to ensure that personal care products are safe 80 years ago. To this day, the FDA does not demand basic safety testing of ingredients in cosmetics and personal care products before they are marketed: “Although other countries have taken action to protect their citizens from chemicals linked to cancer and reproductive harm, FDA lacks the basic tools needed to ensure the safety of cosmetics and other personal care products…Now a bipartisan group of lawmakers wants to change that.”

Assemblymember Stefani Zinerman recently joined a Black women-led legal team spearheading a lawsuit against hair companies that pushed such products for several decades without health and safety warnings, reported the Amsterdam News. Zinerman and others have already introduced, along with the 2019 Crown Act, additional legislation aimed to protect against toxic hair chemicals and harmful marketing strategies.

The EWG, attorney Mason and other advocates urge the public to take action and one way is by signing a petition to Congress. “We are continuing to get the word out about this, and utilizing our collective power to make changes, both judicially and legislatively,” said Mason.