MDL for Hair Relaxer Lawsuits Created
Update 2/6/2023 The JPMDL entered a Transfer Order today creating MDL 3060 centralizing the hair relaxer cancer lawsuits into the Northern District of Illinois.
A surge of hair relaxer lawsuits has been filed in state courts across the country against major manufacturers of hair relaxer products, including cosmetic giants L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and Namaste. These lawsuits allege that hair relaxers cause uterine cancer due to the chemicals that are absorbed into the scalp. The Plaintiffs of several of those hair relaxer lawsuits have filed a Motion to Consolidate the cases into Multidistrict Litigation MDL 3060 in the United States District Court for the Northern District of Illinois. L’Oréal, Revlon, Dabur, Soft Sheen Carson, Strength of Nature, Godrej, and Namaste have all filed an opposition to this Motion. However, the basis of their opposition is that they want the lawsuits transferred to the Southern District of New York for the MDL rather than having them transferred and consolidated in Illinois. Thus, both sides agree that an MDL is warranted, they simply disagree as to the best location.
In addition to Uterine Cancer, some other cancers have been linked to regular hair relaxer use by hair straightener 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.
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 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 Products are Being Investigated?
We are primarily looking at the following hair relaxer products:
- 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 Revlon 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 MDL. Our firm is assisting in the evaluation of these cases. If you would like your case evaluated take the first steps by giving us a call at 800-298-0111 or filling out the case evaluation form.
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