The recent past has seen a multitude of product liability claims in state courts based on the use of hair straightening products made by several specific beauty and hair product manufacturers. They have been filed in multiple states by many injured parties who have been diagnosed with, for example, uterine cancer that has ultimately been attributed to the use of hair relaxer products. These cases are similar to the recent talcum powder cases filed against companies like Johnson & Johnson. The product is not applied in the same fashion, but the use of these hair relaxers has yielded the same result of uterine cancer as the scalp absorbs the carcinogens into the body. The cases are complicated to some extent, and they will typically require representation from a hair straightener attorney who is familiar with how the chemical affects the body. Many of the cases have been filed across state lines, but the state court systems have conferred on the matter and under federal law will consolidate the cases in one MDL, also known as multi-district litigation. This designation makes the claims one giant case that will focus on similarities and bring some legal clarity for injured parties and their hair straightener attorney.
Included Products
The cases do not stem from one particular product, but rather from multiple products that contain the same carcinogens. One particular issue is the fact that some injured parties have used the products as few as four times over the course of the year prior to cancer diagnosis. Some of the identified products include:
- Cantu Shea Butter Relaxer
- Dark & Lovely
- Just for Me (specifically for children)
- Motions by Strength of Nature
- Organic Root Stimulator Olive Oil Hair Relaxer
Included Manufacturers
Some of the biggest and most prominent names in the beauty industry are included in the lawsuits. The issue is not so much the manufacturer as it is the actual product ingredients, but they are all being consolidated as et al defendants in the MDL. The companies include:
- L’Oréal
- Revlon
- Da Bur
- Soft Sheen Carson
- Strength of Nature
- Godrej
- Namaste
Qualifications for Standing to Sue
Affected users of these hair straightener products must prove they have used the products at least four times over the immediate year prior to developing medical problems. While the cases are being consolidated for clarity and claim expedition purposes, each case will be evaluated individually based on severity and extent of injury. Your hair straightener attorney will not be required to prove negligence, which is standard for product liability cases, but the claimant must be able to prove use of the products over a significant period of time with four instances as the minimum.
Contact Our Law Offices for More Information
Although the MDL is being filed in New York state, consumers from all states who have been affected by using these products can file locally with a Class Action attorney who is knowledgeable in how these cases will proceed through the court. Consolidated MDL cases typically are settled through an established fund and evaluated by attorneys and medical professionals who have technical knowledge of how the cancer develops. Not all victims are fatally injured, but all who contract the disease may be eligible for some amount of compensation based on their particular case. Additionally, there may be other products and manufacturers who have not been identified as yet, so this may be the beginning of an even bigger defective product issue. Anyone who has been diagnosed with uterine cancer and has been using any of the named products should our office and speak with an experienced Class Action / hair straightener attorney as soon as possible. Contact Kellum Law Firm for a no-cost case evaluation, start by completing this short case evaluation form here.
Call us at 1-800-ACCIDENT for more information.
