More Hair Relaxer Lawsuits Filed, Still Contain Formaldehyde

Santa Clara, CAJust five months after a study published in 2021 showed a link between the use of hair straightener, women—and mostly Black women—diagnosed with uterine and ovarian cancers began filing hair relaxer lawsuits. By 2023, the FDA proposed a ban on formaldehyde and formaldehyde-releasing chemicals in the hair products, with an April 2024 deadline. Incredibly, April came and went and formaldehyde stayed. And the lawsuits are increasing. This October alone, 200 new cases joined the hair relaxer class action lawsuit. 

Almost 9,000 hair relaxer lawsuits are pending in multidistrict litigation (MDL 3060) in the U.S. District Court of the Northern District of Illinois before Judge Mary Rowland. Currently, almost 11,000 cases have been filed and many additional cases—with almost identical allegations-- are pending in various different state courts, including Georgia, New York, Pennsylvania and Illinois, each raising nearly identical allegations:  that women could have avoided a cancer diagnosis if manufacturers had not placed their desire for profits before consumer safety.

The plaintiffs contend that manufacturers, including major companies like L’Oreal and Revlon, misrepresented their products as safe and failed to inform consumers about the risks of multiple cancers. They are seeking compensation for a range of damages, from medical bills to pain and suffering to lost wages. As well, similar class actions have been filed by several plaintiffs who suffered no physical injuries, but seek refunds and medical monitoring expenses. Defendants in those cases have until November 12, 2024, to respond to Judge Rowland.

Some plaintiffs actually filed a motion to dismiss a number of hair relaxer cases that do not involve ovarian cancer, uterine cancer, or endometrial cancer; one attorney explained they intend to focus on the strongest cases in the lawsuit. Surprisingly, defense opposed it, but one attorney opines that their objection may stem from concerns that the plaintiffs intend to reserve the right to refile those cases later.

Wrongful Death Hair Relaxer Lawsuit

A wrongful death lawsuit was filed October 19th in the MDL by a Georgia woman and reported by the Lawsuit Information Center. The plaintiffs claim that prolonged use of hair relaxer products led to her mother’s diagnosis of uterine cancer, eventually causing her death. The complaint claims L’Oréal USA, Inc., SoftSheen-Carson LLC, and other defendants marketed their hair relaxer products containing harmful chemicals that were improperly tested and inadequately labeled. The plaintiffs are seeking damages for wrongful death, survival action, and loss of consortium, in addition to punitive damages.

Litigation Update

A class action and multidistrict litigation (MDL) are currently proceeding in federal court. The hair relaxer MDL is intended to help to streamline the litigation process by shortening the discovery and pre-trial motions process. And two bellwether trials have been selected, with the first trial slated for November 3, 2025, and the second for February 2, 2026. A bellwether trial’s goal is to measure how a jury might react to the evidence and testimony in similar cases. Ideally, bellwether trial outcomes 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 the upper hand in negotiations.

As of October 1, 2024, no one has received a settlement from this hair relaxer lawsuit.