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On February 6, 2023, The Panel on Multidistrict Litigation granted a motion filed by plaintiffs in four cases to centralize the hair relaxer products liability litigation. When the motion was filed, nine actions had been filed in four districts. As of the date of the ruling, 44 new cases were filed in 15 additional districts. The defendants objected to the consolidation on the grounds that multiple competing defendants that marketed varying formulations were named in the lawsuits, making the cases too dissimilar. However, the court observed that the majority of plaintiffs used multiple competing lines of the products, and nearly all named L’Oréal as a defendant.

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    In justifying this decision, Judge Karen K. Caldwell pointed to previous litigation, including In re: Androgel Products Liability Litigation. In that case, plaintiffs used multiple testosterone replacement products from competing defendants. The court ruled that requiring plaintiffs to separate claims involving individual defendants would be too “procedurally complicated.”

    The court cited an October 2022 study led by the National Institute of Health, which found that women who frequently used chemical hair relaxers had more than double the risk of developing uterine cancer compared to women who did not use the products. This study did not implicate any specific brand.

    The litigation is MDL 3060 In re: Hair Relaxer Marketing, Sales Practices, and Products Liability Litigation. It has been transferred to the Northern District of Illinois and assigned to The Honorable Mary M. Rowland.

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    Allegations on Hair Relaxer/Straightner:

    Hair relaxers/straighteners use chemicals that “relax and straighten” the curls. Phthalates are chemical compounds found in these products. It is a known endocrine disrupting chemical, which interferes with the function of the endocrine system of the body.

    The endocrine system is responsible for helping to maintain body homeostasis or balance. It regulates the nervous system, metabolism, and reproductive system. A slight disruption to this can cause serious health conditions. Further, one of the phthalates in the products (Di-2-ethylhexylphthalate or DEHP) is known to be a toxic artificial chemical that is known to cause serious health conditions.

    These chemicals have been known to cause conditions such as:

    • Cervical Cancer
    • Endometrial Cancer
    • Endometrioid Cancer
    • Ovarian Cancer
    • Uterine Cancer
    • Uterine Sarcomas
    • Many Other Injuries

    Research studies have reported adverse health risks caused by the phthalates in hair relaxer/straightener products.

    Brands Of Hair Straightening Or Relaxing Product That Could Qualify For Compensations:

    • L’Oreal
    • Africa’s Best
    • African Pride
    • Bantu
    • Cantu
    • Soft & Beautiful
    • Softsheen Carson
    • TCB Naturals
    • Creme of Nature
    • Dark & Lovely
    • Just for Me
    • Luster’s
    • Mizani Rhelaxer
    • Ultra Precise
    • Ultra Sheen Supreme
    • Motions
    • Optimum
    • Organic Root Stimulator
    • ORS Olive Oil
    • Many Other Brands

    Background on Hair Relaxer/Straightener:

    Hair relaxer/straightener products are commonly used hair products. Usually a cream or lotion, these products use chemicals to “relax and straighten” curly or wavy hair. The market for these products in 2021 was very robust and is expected to increase significantly by 2030.

    Complaints against many companies that sold these products were initiated this fall. The plaintiffs allege that they used these hair relaxer products and subsequently developed uterine cancer, uterine fibroids, and/or endometriosis.

    They allege the following:

    Failure to warn Design and/or manufacturing defects Negligent failure to warn Negligent design and manufacturing Negligence and/or gross negligence Negligent misrepresentation

    Fraud Fraudulent concealment Breach of warranties Failure to recall Medical monitoring Plaintiffs maintain that they used the hair relaxer/straightener products according to the instructions and had no knowledge of the dangers the products carried. They demand compensatory, economic, and punitive damages as well as their attorney fees and costs of bringing the cases.

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