Hair Relaxer MDL Update: Over 8200 Lawsuits in the Hair Relaxer MDL
Over 8200 hair relaxer lawsuits have now been consolidated or filed in the hair relaxer MDL. Numerous hair relaxer producers, including cosmetic giants L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and Namaste, have all been named defendants by the team of hair relaxer lawyers working on this litigation. These lawsuits allege that hair relaxers cause uterine cancer due to the presence of formaldehyde that is absorbed into the scalp. The Plaintiffs of several of those hair relaxer lawsuits filed a Motion to Consolidate the cases into Multidistrict Litigation MDL 3060 in the United States District Court for the Northern District of Illinois.
The United States Judicial Panel on Multidistrict Litigation entered a Transfer Order on February 6, 2023, creating MDL 3060: In Re: Hair Relaxer Marketing, Sales Practices, and Products Liability Litigation. The cases are pending there, before the Honorable Mary M. Rowland.
In addition to Uterine Cancer, some other cancers have been linked to regular hair relaxer use by hair relaxer cancer studies done in 2019 and 2022. If you used hair relaxers manufactured by L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and/or Namaste at least 4 times a year prior to being diagnosed with Uterine Cancer, Type 1 Endometrial Cancer, Ovarian Cancer, or Uterine Fibroids that required surgery, you may qualify for bringing a claim. Call 1-800-298-0111 to learn more.
Common Issue: Whether Hair Relaxers Made by L’Oreal and Others Increase Risk of Uterine Cancer
In their transfer order opinion, the Court specifically found that “All actions share common issues of fact regarding whether exposure to phthalates or other EDCs cause injury to the reproductive system, whether and when defendants knew or should have known of the alleged risks posed by hair relaxer products, and whether defendants engaged in adequate testing and post-market surveillance.” The Court cited the October 2022 Study from the National Institute of Health that found that women using hair relaxers are more than 2x as likely to develop uterine cancer than women who do not use hair relaxers.
Motion To Dismiss Denied
The defendants filed motions to dismiss, asserting that the hair relaxer lawsuits were preempted under the United States Food, Drug, and Cosmetic Act. However, those motions were denied on November 13th, 2023. The defendants also filed Motions to Dismiss certain Fraud allegations, which the judge granted.
Hair Relaxer Products Alleged to Increase Risk of Uterine Cancer
Products under scrutiny in this litigation include popular names such as Cantu Shea Butter Relaxer, Dark & Lovely, Just for Me, Motions by Strength of Nature, and Organic Root Stimulator Olive Oil Hair Relaxer. Other products by various manufacturers may also be included in some lawsuits.
Women Developing Uterine Cancer After 4 Times Use
Regular use, such as 4 times a year, is one of the criteria many personal injury lawyers are looking at, as well as a diagnosis within the past 5 years. If you have been diagnosed with uterine cancer and used a hair relaxer regularly, contact a lawyer involved in the hair relaxer litigation to determine whether you may be eligible to make a claim. Please feel free to call Simmons and Fletcher, P.C., at 800-298-0111 toll-free or to send a message via the contact form on this page if you have developed uterine cancer after regular use. Some other lawyers are looking at breast cancer claims as well but we are not currently looking at those claims without a uterine cancer diagnosis.
Frequently Asked Questions
What is an MDL?
MDL stands for Multidistrict Litigation. In 1968, Congress created a special panel of judges known as the Judicial Panel on Multidistrict Litigation (JPMDL), which convenes periodically with the power to consolidate cases involving the same or very similar triggering events into one giant case (MDL) for purposes of efficiently handling the litigation of all cases. An MDL can be requested or created by the JPMDL on its own motion when the JPMDL finds that justice would be better served by consolidating the cases. It is commonly used in mass tort claims where all the cases stem from a single event, product, or similar type of product,t and the issues to be litigated are shared across the group. Thus, it is easy to see why hair relaxer lawsuits are ideal for an MDL.
What Hair Relaxers Contain Formaldehyde?
The following hair relaxer products are being investigated for the presence of dangerous levels of formaldehyde:
- Cantu Shea Butter Relaxer
- Dark & Lovely
- Just for Me – a product marketed specifically for kids
- Motions by Strength of Nature
- Organic Root Stimulator Olive Oil Hair Relaxer
*Other law firms may be evaluating different products.
What Do I Need to Qualify for a Hair Relaxer Lawsuit?
Every law firm sets its own criteria based on what the firm believes will enable them to establish causation. Other firms may have different criteria than us, but the group of attorneys we are working with on these cases are looking for the following:
- Use of a hair relaxer manufactured by L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and/or Namaste at least 4 times a year;
- A diagnosis of one of the following: Uterine Cancer, Type 1 Endometrial Cancer, Ovarian Cancer, or Uterine Fibroids that required surgery;*
- Falls within the applicable statute of limitations—this must often be determined on a case-by-case basis.
*Some firms are evaluating cases of breast cancer. We are not at this time. Other firms may have even different criteria.
How Do I Prove I Used Hair Relaxers?
One of the ways you can document and prove the use of hair relaxers 4 times per year is to go to the store where you shop and request purchase records. Pharmacies and some stores will keep these. Credit card bills and receipts are also some of the ways to document product use.
Who is Being Sued in the Hair Relaxer Lawsuits?
The Defendants that have been named in the lawsuits alleging that hair relaxers cause uterine cancer include the following companies: L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and Namaste. Additional defendants may follow as discovery unfolds.
Update: Revlon is currently in bankruptcy, and the deadline to file a bankruptcy claim against it is March 11, 2023. If you used Revlon products and wish to make a claim against them specifically, you must get your proof of claim form filed with the bankruptcy court before that deadline, or it will be barred.
Talk to a Lawyer
If you developed Uterine Cancer, Type 1 Endometrial Cancer, Ovarian Cancer, or Uterine Fibroids that required surgery after having used a hair relaxer at least 4 times in a year’s period prior to your diagnosis, you may qualify for a hair cancer lawsuit in the hair relaxer MDL. Our firm is assisting in the evaluation of these cases. If you would like your case evaluated, take the first steps by calling us at 800-298-0111 or filling out the case evaluation form.
Author
