Hair Straightening Products Uterine Cancer Lawsuit

Since November, 161 new cases have been filed in the hair relaxer MDL, starting the month of December with a total of 9,649 cases.

The MDL is entering a critical phase as discovery disputes escalate between plaintiffs and defendants. Plaintiffs accuse defendants of withholding key information on product composition, safety warnings, and manufacturing details, which are critical for building their case. Despite court orders requiring compliance, plaintiffs report incomplete responses and disorganized document dumps.

Defendants, including L’Oréal and Revlon, argue they’ve acted in good faith, citing challenges like outdated systems and the complexity of ESI production. Meanwhile, plaintiffs are pushing for a December 20, 2024, deadline to ensure timely trials and potential settlements. The court will address these disputes in an upcoming status conference, where Magistrate Judge Jantz is expected to make major rulings to advance the litigation.

Since the October update, the MDL has seen over 1,000 new filings–the highest spike in a single month–amounting to a total of 9,488 pending cases. The development signals growing momentum and pressure on defendants in the critical stages of the litigation, which may impact verdict outcomes or strategies deployed in future settlements.

October 18, 2024

A new wrongful death lawsuit was filed today within MDL-3060 by a Georgia woman who claims that her mother’s prolonged use of hair relaxer products resulted in a uterine cancer diagnosis that resulted in her passing. The lawsuit targets L’Oréal USA, Inc., SoftSheen-Carson LLC, and other defendants, asserting that her mother regularly used hair relaxer products manufactured by these companies.

The complaint maintains, like other claims in the MDL, that the hair relaxer products contained harmful chemicals that were not sufficiently tested and labeled, posing significant health risks, including cancer. The plaintiff argues that the companies are liable due to negligence, defective product design, and failure to adequately warn consumers. She, like the other plaintiffs, is seeking damages for wrongful death, survival action, loss of consortium, and punitive damages.

September 30th 2024

The hair relaxer multidistrict litigation (MDL) continues to evolve with several key developments. Plaintiffs have filed a motion to compel Strength of Nature to produce documents related to a “uterine study,” while new lawsuits, including one alleging endometrial cancer from long-term product use, continue to be filed. The MDL judge largely denied defendants’ motion to dismiss economic loss claims, allowing most to proceed.

September 17, 2024

Discovery battles persist, with plaintiffs pushing L’Oréal USA to produce documents from its French parent company. The Plaintiffs’ Leadership Committee is seeking an 8% common benefit fee holdback and 3% expense holdback on cases outside the MDL. John Paul Mitchell Systems’ motion to dismiss is being contested by plaintiffs.

September 3, 2024

Notably, August saw a significant increase in new cases, with over 200 added, bringing the total to 8,489 pending cases. These developments highlight the ongoing complexity and expansion of the hair relaxer litigation.

August 5, 2024

The plaintiffs have submitted a motion to compel L’Oréal USA Inc. and its affiliates to comply with previous court orders concerning their influence over their parent company, L’Oréal S.A., for the purposes of discovery. The motion references orders from December 27, 2023, and March 4, 2024, which established that L’Oréal USA has sufficient control over L’Oréal S.A. to comply with the plaintiffs’ discovery requests. Despite this, L’Oréal USA is challenging the scope of these orders, claiming the control finding is limited to certain document categories. Plaintiffs argue this contradicts the broader intent of the court’s rulings, which they believe should cover all relevant documents under L’Oréal USA’s control.

August 1, 2024

In July, the hair relaxer class action MDL added only about a dozen new cases, bringing the total to over 8,200. After rapid growth last year, the MDL has hovered around 8,000 cases for months. While a significant increase in new lawsuits isn’t expected as the litigation matures, there remains strong optimism about potential settlements in 2025.

July 22, 2024

A proposed ban by federal regulators on the use of formaldehyde and other harmful chemicals in hair relaxer products has been delayed until at least September. The ban, initially proposed in October 2023, aims to address the significant health risks, including cancer, associated with these chemicals. Despite the known dangers, the FDA’s implementation of the ban has been postponed, highlighting the need for stronger regulatory action to protect consumers.

July 16, 2024

Hair relaxer attorneys submitted a Joint ESI Discovery Status Report, detailing ongoing efforts to agree on search methodologies for electronic document production. Key updates include:

-Revlon: Agreement on 109 search terms, document reviews to begin by August 1, 2024.

– L’Oréal USA: Near agreement on search terms and custodians, addressing data storage issues.

– Luster Products, Inc.: Ongoing negotiations on legacy backup tapes.

– Avlon Industries, Inc.: Discussing 460 search terms, finalizing by the end of July.

– House of Cheatham, LLC: Collaborating on search terms, urging immediate document production.

– Namaste Laboratories LLC: Significant progress, with further negotiations planned.

– Strength of Nature LLC: Agreement on 207 search terms, continuing negotiations.

– Sally Beauty Supply LLC: Agreed TAR Protocol in May, rolling document production.

– McBride Research Laboratories: Ongoing negotiations, with further discussions planned.

Plaintiffs’ attorneys are pushing for immediate review of documents identified by agreed-upon search terms to avoid delays.

July 11, 2024

A Michigan woman filed a new hair relaxer lawsuit in the MDL, claiming she was diagnosed with endometrial cancer in February 2021 due to products from L’Oréal, Strength of Nature, and Luster Products.

July 4, 2024 

Selective Way Insurance has asked a Georgia federal judge to exempt it from defending House of Cheatham in the hair relaxer MDL, arguing that the 2021 asset transfer did not include insurance coverage. Both plaintiffs and defense attorneys support maximizing insurance payouts to cover settlements and defense costs, potentially leading to larger compensations for plaintiffs.

July 1, 2024

The Hair Relaxer MDL saw a slight increase in cases, rising from 8,170 in June to 8,192. This slowdown is attributed to fewer victims seeking legal representation and a renewed interest in filing suits in state courts, particularly in Illinois.

June 28, 2024

Following the recent status conference, a group of plaintiffs has submitted a motion requesting a sixty-day extension to furnish a substantially complete Plaintiff Fact Sheet to the defendants. The motion acknowledges that failure to meet this extended deadline would result in the dismissal without prejudice of each plaintiff’s case for a period of one year.

Should you require additional time to finalize your fact sheet, it is advised to contact your lawyer promptly and allocate the necessary time to ensure accuracy and completeness.

June 3, 2024

In the past month, the number of cases within the hair relaxer class action MDL has decreased by nearly 300 cases. This reduction is attributed to plaintiffs opting not to proceed with cases involving non-cancer injuries. As a result, the total number of pending cases in the MDL has now decreased to 8,170.

June 2, 2024

Defendants have compiled a detailed list of plaintiffs who have not fully completed their fact sheets. While some of these deficiencies are valid concerns, defendants are also including plaintiffs with minor deficiencies to inflate the list.

May 24, 2024

Defendants are raising concerns that certain Plaintiffs’ firms are using a tactic to delay the legal process by submitting empty or nearly blank Plaintiff Fact Sheets before the deadline set by Case Management Order #9. By doing so, these firms are allegedly buying additional time for plaintiffs to fulfill their PFS obligations. The delay in identifying and addressing these blank submissions occurs because the review process is less automated when a document styled as a PFS is received, even if it contains no relevant information.

While this practice is not widespread, defendants report that 65 plaintiffs have submitted entirely blank PFSs. It is believed that only a few law firms are engaging in this behavior, representing a small fraction of the total lawsuits. However, if the allegations are accurate, defendants have a legitimate concern, and the implicated plaintiffs’ attorneys must rectify this situation promptly.

May 12, 2024

Professor Maura Grossman has officially assumed the role of ESI Special Master, following the developments mentioned in the April 22, 2024 update.

May 2, 2024

The FDA has failed to meet its deadline for proposing a ban on formaldehyde in hair-straightening products, despite mounting concerns about its potential link to cancer, particularly among Black women. The agency has not provided an explanation for this delay.

May 1, 2024

The hair relaxer class action MDL experienced another slow month in April, with only 81 new cases added to the MDL, compared to 53 new cases in March. This figure represents a significant decrease from the peak period when up to 3,000 new cases were being added in a single month less than a year ago. The total number of cases in the MDL now stands at 8,468.

April 29, 2024:

The legal battle over the appointment of a special master continues following the defendants’ objection to Professor Maura Grossman’s involvement. They argue that her recent collaboration with their counsel in another case poses a conflict of interest. They advocate for Judge Paul Grimm from Maryland instead. Meanwhile, the deadline for the last batch of Plaintiff Fact Sheets was April 17, 2024.

Additionally, the growth of the hair relaxer lawsuits, which were once booming, has slowed down significantly. Only 53 new cases were added to the MDL in the past month, marking the 5th consecutive month of decreased case volume. The total number of pending cases in the MDL now stands at 8,387.

March 15, 2024:

n MDL-3060, a dispute persists regarding the dismissal procedure for cases. Plaintiffs advocate for the right to voluntarily dismiss their complaints without prejudice or to amend them before defendants file an answer. They argue that defendants’ refusal obstructs standard MDL practice and burdens the court with motions. Defendants, citing Rule 41 and CMO 8, insist on consent from all answering defendants for dismissals without prejudice after answers are filed, aiming to maintain MDL procedures.

In another development, Defendant Revlon issued a subpoena to the National Institutes of Health on February 14, 2024, seeking documents related to specific studies. Plaintiffs’ lawyers plan to file a Motion to Quash this subpoena before the return date of March 15, 2024.

Furthermore, the growth of the hair relaxer class action MDL continues to slow down. Only 117 new cases were added last month, bringing the total to 8,334 cases.

February 2nd, 2024:

In February 2024, the MDL  concerning hair relaxer products sees an increase with the addition of 200 more cases. This surge follows the inclusion of 191 new cases throughout January 2024.

The total number of pending cases in the MDL now stands at 8,217. This figure indicates a shift from the higher influx of 2,000 to 3,000 new cases per month observed last summer, suggesting a stabilized, albeit still substantial, average volume.

January 2nd, 2024:

In late 2023, Judge Rowland partially approved a motion compelling the defendants to disclose information regarding hair care products sold internationally. Additionally, a deadline of February 29, 2024, was set for the defendants to respond to interrogatories.

December 26th, 2023:

In a recent study, researchers tracked 44,798 Black women with a uterus from 1997 to 2019 to investigate the potential correlation between the use of chemical hair relaxers and uterine cancer.

Out of the participants, 347 received a diagnosis of uterine cancer during the study period. The results indicated that women who regularly used hair relaxers (for more than 15 years and at least 5 times annually) had an increased probability of developing uterine cancer compared to individuals who either never used them or used them infrequently.

December 18, 2023:

The hair relaxer class action MDL experienced significant growth over the past months, consistently adding several thousand new cases monthly. However, in the latest development, the growth abruptly halted with only 17 new cases filed last month.

The MDL currently has a total of 7,894 pending cases.

December 1st, 2023:
A recent study from Purdue University revealed that the use of flat irons and curling wands in conjunction with everyday hair styling products may emit harmful chemicals associated with fertility issues.

November 27th, 2023:

Plaintiffs’ leadership has filed a motion requesting the judge to mandate an 11% common benefit fund holdback. The common benefit fund is designed to remunerate attorneys for efforts benefiting all MDL plaintiffs.

Administered by the overseeing court, this fund aggregates a percentage of settlements or recoveries from individual cases, ensuring fair compensation for legal work that contributes to the collective benefit of all involved parties.

November 21st, 2023:

In a status conference held on November 17, 2023, Judge Mary M. Rowland addressed key points in the hair relaxer class action lawsuit.

The parties discussed a Case Management Order for Plaintiffs’ Fact Sheets and Records Authorizations, scheduling disagreements for Science Day, updates on related state court lawsuits, and an extension request for briefing on a motion to dismiss.

Additionally, by December 6, 2023, cross-briefs on document production for products sold internationally are required, and Revlon must clarify its stance by November 27. Revlon agreed to produce relevant documents by December 15, and ESI discovery disputes are referred to Magistrate Judge Finnegan.

November 15th, 2023:

A federal judge, specifically U.S. District Judge Mary Rowland in Illinois, has permitted the majority of claims to proceed in a significant lawsuit alleging that chemical hair relaxer products produced by companies like L’Oreal USA and Revlon are the cause of cancer and other harm.

Judge Rowland rejected most of the companies’ contentions in their bid to dismiss the complaint within the multidistrict litigation, which encompasses over 8,000 lawsuits.

She determined that the plaintiffs had offered ample evidence to substantiate their accusations, which encompass claims of negligence, defective product design, and a failure to adequately caution customers about potential risks.

Of the 15 claims contained in the complaint, Rowland dismissed three entirely and a part of a fourth due to insufficient backing for the plaintiffs’ assertions of fraud.

These hair relaxer products, primarily marketed to women of color, include chemicals for permanently straightening textured hair.

Legal actions were instigated following a National Institutes of Health study published in October 2022, which found that women who used these products multiple times a year were more than twice as likely to develop uterine cancer.

While L’Oreal had previously expressed confidence in the safety of its products, and Revlon stated its disbelief in the existence of scientific evidence linking chemical hair straighteners or relaxers to cancer, smaller cosmetics companies, including some headquartered in India, are also implicated in the lawsuits.

One of the lead attorneys representing the consumers declared that the court’s decision supports their contention that the products and the instructions provided by the companies are responsible for causing cancer.

November 1st, 2023: 

The Plaintiff’s Steering Committee is pushing for an 11% set-aside from the total settlement or judgment in each case.

This split comprises 8% for work that benefits all parties involved and 3% for covering common benefit costs.

The motion also highlights unanimous support within the committee. Nonetheless, these attorney fee percentages won’t impact victims’ compensation. The primary focus remains on maximizing settlements for victims, which appears to be progressing effectively.

October 27th, 2023

The Food and Drug Administration (FDA) is suggesting a prohibition on the inclusion of formaldehyde as an ingredient in hair relaxers, particularly in products designed for hair-smoothing and hair-straightening, which are commonly used by Black women.

Formaldehyde is a hazardous substance capable of causing irritation to the eyes, skin, lungs, and throat and has been associated with specific cancers, including myeloid leukemia.

The current FDA regulations do not mandate the pre-market approval of cosmetic products and their components, sparking concerns about the safety of these products.

Recent studies have illuminated the potential risks associated with chemical hair relaxers, revealing a heightened likelihood of uterine cancer among women who use such products.

Hair relaxers often contain endocrine disruptors that can disrupt the body’s hormone system, leading to a range of health issues, such as early puberty, fibroid tumors, infertility, and reduced fertility in women.

The FDA’s proposed prohibition follows concerns raised by congressional representatives and advocates regarding the safety of these products, particularly among Black women.

The intended date for implementing the ban is set for April.

Moreover, policies like the CROWN Act, which bars discrimination based on hair texture, have been gaining traction in numerous states to address concerns surrounding hair and societal norms.

October 1st, 2023:

Judge Rowland recently issued Case Management Order No. 9 (CMO 9) to address the rapid increase in hair relaxer class action lawsuits. This order establishes guidelines for the filing and handling of Short Form Complaints (SFC) by the numerous new plaintiffs participating in the MDL.

The surge in new chemical hair straightener lawsuits can be attributed to a bankruptcy judge’s order related to Revlon. This order mandates lawyers to file lawsuits in order to safeguard their claims against Revlon.

September 18th, 2023:

In the past three months, an additional 2,000 cases have joined the hair relaxer class action lawsuit. At this rate, it is projected that the MDL will exceed 4,000 cases by the end of the year. There is anticipation that this trend will persist and possibly even lead to the hair relaxer MDL becoming as large as the talcum powder MDL.

September 6th, 2023:

Throughout the past month, several noteworthy developments have come forth. During a recent status conference presided over by Judge Rowland, a firm deadline of August 30, 2023, has been established for the submission of a joint written status report concerning the dismissal motions related to McBride, the defendant.

There was also debate at the conference regarding Federal Rule 26(a)(1) and 30 (b)(6), which involve expert witnesses and company testimonials. Both parties were arguing that the other’s witness selection and testimonial strategies did not align with one of the federal statutes.

Additionally, Dabur International, the parent company of Namaste Laboratories and a prominent defendant in the hair relaxer lawsuit, switched its legal counsel from Kirkland & Ellis LLC with new attorneys from Baker & McKenzie LLP.

And earlier this month, Dermoviva Skin Essentials Inc. was removed from the class action, however, the possibility of its reinstatement is still under consideration.

August 26th, 2023:

Judge Rowland has slated a discovery hearing for October 2nd, 2023.

August 21st, 2023:

A woman from Brooklyn, Minnesota, has become a recent addition to the hair relaxer class action MDL.

The lawsuit alleges that between 1985 and 2011, the plaintiff used three chemical hair relaxer products: ORS Olive Oil, Just for Me, and S&B Botanicals. In 2019, the plaintiff was diagnosed with endometrial cancer, which she attributes to the use of these hair relaxer products.

August 18th, 2023: 
New hair relaxer cancer lawsuits can now be submitted directly to the class action MDL using an approved Short Form Complaint, as authorized by Judge Rowland. This new process is expected to streamline and expedite the filing of such lawsuits, potentially resulting in a higher number of new filings in the MDL.

30 new cases have been added to the hair relaxer class action MDL over the previous month, bringing the total number of pending cases to 275.

August 1st, 2023:

New hair relaxer cancer lawsuits can now be submitted directly to the class action MDL using an approved Short Form Complaint, as authorized by Judge Rowland. This new process is expected to streamline and expedite the filing of such lawsuits, potentially resulting in a higher number of new filings in the MDL.

July 18th 2023:

The MDL saw a significant increase in hair relaxer cancer lawsuits last month, with 87 new cases added, marking the highest monthly total since the start of the MDL.

This surge continues a steady upward trend in new case filings observed over the past four months. In February, there were only 21 pending cases in the MDL, but currently, there are 236 pending cases.

July 5th, 2023:

Revlon provided an update on their ongoing bankruptcy proceedings and responded to the plaintiffs’ status report, submitted on June 30, 2023, before the MDL judge.

Despite being in bankruptcy, the significance of Revlon’s case lies in its possession of a substantial insurance policy to cover hair relaxer cancer lawsuits.

The company is responsible for various hair relaxer brands, including Crème of Nature, African Pride, French Perm, Fabulaxer, Revlon Professional, Revlon Realistic, Herbarich, and All Ways Natural Relaxer.

June 8th, 2023:

Attorneys representing victims in federal hair relaxer lawsuits are urging the Court to reject a proposal by the product manufacturers to divide the discovery process, citing concerns about potential lengthy delays in the litigation.

Manufacturers of hair relaxer products, in response to mounting lawsuits, have requested the court to bifurcate discovery.

This would limit discovery to general causation information on the link between hair relaxers and cancer while staying all other discovery related to manufacturers’ liability, awareness of risks, and extent of damages.

In a brief submitted on June 5th, plaintiffs underscored bifurcation’s potential to cause substantial delays in the litigation process, escalate costs significantly, and its track record of being “incredibly inefficient” in achieving a resolution or settlement.

A new study reveals that chemical hair straighteners can impact a person’s ability to have children.

Both current and former users of chemical hair straighteners are at risk.

There is also a connection between sustained scalp burns when using these products and lower chances of a successful pregnancy.

April 1st, 2023:

The MDL judge issued an order that enables any plaintiff whose case would be subjected to transfer to the hair relaxer class action lawsuit to file their case directly in the MDL in the Northern District of Illinois.

The order includes specific procedures for direct filing, such as paying a filing fee and designating a venue in the complaint.

However, this order does not waive any party’s legal rights or remedies, nor does it determine the jurisdiction or choice of law.

Defendants do not have to respond to any complaint filed directly in the MDL unless ordered by the court or agreed upon by the parties.

The number of new hair relaxer lawsuits filed across the country has been increasing, with over 200 pending cases and 38 new lawsuits filed in federal courts in the last two weeks of March.

With the recent order allowing new cases to be filed directly in the hair relaxer class action MDL, it is expected that the rate of new filings will increase even further.

March 2nd, 2023:

The hair relaxer class action MDL will undergo its first status conference in Chicago, presided over by MDL Judge Mary Rowland.

One of the first orders of business for Judge Rowland will be the selection of a plaintiffs’ steering committee (PSC).

The PSC will consist of a group of plaintiffs’ lawyers appointed by Judge Rowland, who will meet regularly to make collective decisions on behalf of all plaintiffs involved in the litigation.

Judge Rowland will also address other procedural matters such as discovery protocol for electronic information and evidence preservation.

February was a significant month for the hair relaxer product liability lawsuits.

February 1st, 2023:

Seven new lawsuits were filed in federal courts, spread across several districts in the United States.

These cases brought the total number of hair relaxer lawsuits filed in January to 23.

The JPML was expected to consolidate these cases into a new class action lawsuit sometime in February, with Chicago being the likely venue.

February 5th, 2023:

The EPA announced that it plans to regulate phthalates, which are believed to cause hormone cancers like uterine and ovarian cancer, like Diisononyl Phthalate (DINP), a chemical found in hair relaxer products.

February 6th, 2023:

The MDL panel agreed to form a hair relaxer class action lawsuit and that Illinois would be the most appropriate venue for the case.

February 7th, 2023:

Judge Mary Rowland was appointed as the judge for the mass tort.

Since then, eleven more hair relaxer product liability lawsuits were filed in federal courts, with seven being filed in the Northern District of Illinois, and the remaining four being transferred into the new MDL hair relaxer class action lawsuit in Chicago.

February 27th, 2023

24 new hair relaxer lawsuits were filed, marking the highest weekly volume of new hair relaxer product liability lawsuits to date and potentially the start of a major wave of new cases.

All 24 cases were filed in the Northern District of Illinois where the hair relaxer class action is already pending.

The Hair Relaxer Lawsuit is growing, and more cases are being filed across the country on behalf of women who have suffered.

As momentum grows for the lawsuit in the US, L’Oreal is also facing legal action in Canada.

A class action lawsuit was filed against the hair product manufacturer.

The class action claim against L’Oreal claims that its products contain certain chemicals that may cause serious health problems.

Contact us for a free consultation.

You can also use the chatbot on this page to find out whether you qualify for a Hair Relaxer claim instantly.