Chemical Hair Relaxer Lawsuits: A Comprehensive Look at the Claims, Challenges, and Industry Impact
Claims, Challenges and Impact of Chemical Hair Relaxer Litigation
A deep dive into Chemical Hair Relaxer Lawsuits from Legalcalls.com by Attorney Jeff Keiser.
The hair relaxer litigation is shaping up to be one of the most significant legal battles in the cosmetics industry in history.
This wave of lawsuits alleges that prolonged use of chemical hair relaxers has led to certain types of cancers, with plaintiffs primarily being African American women who have used these products for decades.
The case delves into issues of cultural beauty standards, corporate accountability, health disparities, and potential for substantial financial settlements.
As law firms work to make the decision about entering this particular legal arena, here’s a deep dive into the compensable cancers, key challenges in litigating these cases, and the potential financial implications for plaintiffs and the cosmetics industry.
Background: A Cultural Practice with Health Consequences
Chemical hair relaxers (or straighteners), have been widely marketed since the early 20th century. These products contain powerful ingredients like sodium hydroxide, guanidine hydroxide, and formaldehyde, which break down the protein bonds in hair to alter its texture.
Over time, hair relaxers became ingrained in beauty routines, shaped by cultural and societal pressures to conform to beauty standards. While hair relaxers provide a way to achieve these looks, recent studies suggest that long-term exposure to certain chemicals in these products may pose serious health risks.
Recent research, including a pivotal 2022 study by the National Institutes of Health (NIH), has raised concerns about the links between frequent relaxer use and certain cancers.
The NIH’s Sister Study found that women who used relaxers more than four times a year were twice as likely to develop uterine cancer as non-users.
These findings, combined with rising awareness about endocrine-disrupting chemicals (EDCs) in beauty products, have laid the foundation for lawsuits against major relaxer manufacturers, including L’Oréal USA, Strength of Nature, and Dabur.
The Plaintiffs’ Stories: Putting a Face on the Litigation
The plaintiffs in these lawsuits are not just statistics; they are individuals with deeply personal stories of how hair relaxers have impacted their lives. For many, these products were introduced in childhood, often viewed as essential for a polished and professional look.
The stories of several prominent plaintiffs highlight the human side of this litigation:
- Jenny Mitchell: A businesswoman from Missouri, she began using relaxers as a child. After two decades of frequent use, she was diagnosed with uterine cancer in 2018. Her treatment included a hysterectomy, ending her hopes of expanding her family. Mitchell has spoken out about her sense of betrayal, feeling that companies marketed products specifically to Black women without fully disclosing the risks.
- Mildred Jackson: A schoolteacher and long-time relaxer user, Jackson developed breast cancer after years of using relaxers. She went through a mastectomy and extensive treatment.
- Angela Williams: Diagnosed with ovarian cancer in her early 30s, Williams attributes her condition to years of hair relaxer use. A professional working in corporate environments, Williams felt pressure to maintain a straightened look for professionalism, only to face serious health consequences years later.
- Lisa Bryant: Diagnosed with uterine fibroids, Bryant and her daughter have both faced reproductive health issues they believe are tied to relaxer use. For Bryant, the litigation represents an opportunity to raise awareness and protect future generations from unknowingly exposing themselves to similar risks.
These stories highlight the far-reaching implications of hair relaxer use and the generational health risks that may accompany long-term chemical exposure.
Compensable Cancers: The Core of the Lawsuits
The primary focus of the hair relaxer lawsuits is on certain types of cancers that are believed to be linked to long-term use of relaxers:
- Uterine Cancer: The NIH Sister Study found that frequent use of hair relaxers doubled the risk of uterine cancer. Uterine cancer is one of the central health issues in these cases, with many plaintiffs citing it as the direct result of prolonged exposure to hair relaxers.
- Ovarian Cancer: Some plaintiffs claim a link between relaxer use and ovarian cancer. Studies indicate a correlation, though proving causation remains complex.
- Endometrial Cancer: Similar to uterine cancer, endometrial cancer is cited in some lawsuits, with allegations that endocrine-disrupting chemicals (EDCs) in hair relaxers may contribute to this condition.
While breast cancer and other reproductive disorders are mentioned, they are less central due to limited conclusive evidence directly linking them to hair relaxers. However, as scientific research advances, more health conditions may emerge as potential claims.
Legal Challenges: What Law Firms Face in These Cases
The litigation surrounding chemical hair straighteners and relaxers presents a host of complex business and legal challenges for all parties involved, from manufacturers to legal teams and consumers. As with most mass torts, causation is likely to be the primary issue.
- Scientific Evidence: A major legal challenge is establishing a clear causal link between the use of chemical hair straightening products and serious health conditions like uterine, ovarian, and breast cancers. Defense teams are expected to scrutinize and challenge the plaintiffs’ reliance on studies, such as the NIH research, to prove causation. Both sides will likely engage experts in toxicology, epidemiology, and endocrinology to argue their cases.
- Liability Theories: Plaintiffs are asserting claims based on negligence, strict liability, breach of warranty, and failure to warn. Manufacturers will have robust defenses against these allegations, possibly arguing that product formulations complied with regulatory standards and that any risks were not foreseeable at the time of marketing.
These legal challenges underscore the high stakes of this complex and evolving litigation landscape.
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Potential Payout Estimates
While there have been no settlements or verdicts to date, potential payouts in hair relaxer cases are expected to be substantial if plaintiffs are successful. Legal analysts have provided estimates based on comparable mass tort cases:
- Uterine Cancer: Settlement amounts could range from $300,000 to $1,750,000, depending on factors like the plaintiff’s age, the severity of the cancer, and its impact on quality of life.
- Ovarian Cancer: Similar to uterine cancer, with settlement estimates reflecting cancer severity and prognosis.
- Endometrial Cancer: Specific estimates are less available, but payouts for endometrial cancer claims are anticipated to be significant, given the serious nature of the condition.
Final payouts will be determined by the outcomes of bellwether trials and the strength of individual cases. These estimates provide a glimpse into the financial stakes of the litigation but are likely to evolve as the case progresses.
Potential Timeline
The litigation concerning chemical hair straighteners and relaxers has undergone significant procedural developments, culminating in a consolidated multidistrict litigation (MDL) to streamline pretrial proceedings.
Following the NIH study, numerous lawsuits were filed across various federal districts. These cases alleged that products containing endocrine-disrupting chemicals (EDCs) caused serious health issues, including uterine, ovarian, and breast cancers, as well as reproductive system injuries.
On November 15, 2022, plaintiffs filed a Motion to Transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML), seeking to consolidate all pending hair product litigation cases against multiple defendants, including L’Oréal, into a single MDL. The plaintiffs argued that centralization would promote efficiency and consistency in pretrial proceedings.
The JPML scheduled oral arguments for January 26, 2023, to consider the motion for consolidation. On February 6, 2023, the JPML issued a Transfer Order, consolidating over 50 related lawsuits into MDL No. 3060. The cases were transferred to the U.S. District Court for the Northern District of Illinois and assigned to Judge Mary M. Rowland.
As of November 2024, the consolidated MDL remains active in the Northern District of Illinois under Judge Rowland’s supervision. The litigation has expanded to include approximately 8,500 related lawsuits, with plaintiffs alleging that chemical hair relaxer products caused various health issues. This consolidation aims to streamline discovery, prevent duplicative proceedings, and ensure consistent rulings on pretrial matters, thereby enhancing judicial efficiency in handling these complex product liability claims.
The court has scheduled two bellwether trials to assess the strength of the plaintiffs’ claims and facilitate potential settlements. The first trial is set to commence on November 3, 2025, followed by a second trial on February 2, 2026. These bellwether trials are pivotal in mass tort litigation, as they provide insights into how juries may respond to evidence and arguments, thereby influencing the direction of subsequent cases within the MDL.
Broader Impact on the Cosmetics Industry
The hair relaxer lawsuits could lead to industry-wide changes, not only in product formulations but also in regulatory practices and marketing approaches. Plaintiffs and advocates are calling for increased transparency, clearer product labeling, and more robust consumer protections.
The litigation has sparked a wider conversation on health equity, highlighting the disproportionate health risks faced by African American women and communities of color due to targeted marketing and societal pressures around beauty standards. If successful, this litigation could have far-reaching consequences.
Conclusion
The chemical hair relaxer lawsuits are about more than compensation—they are a call for accountability in an industry that has historically placed profit over consumer safety. These cases have brought to light the complex interplay between cultural pressures, targeted marketing, and health risks faced disproportionately by Black women. As the cases unfold, they may set significant legal precedents, influencing not only the cosmetics industry but also public awareness of the hidden dangers in beauty products.
With potential for substantial payouts and industry-wide reforms, these lawsuits are shaping up to be a landmark in the mass tort landscape. They stand as a powerful example of how legal action can drive changes in consumer protection, cultural standards, and corporate responsibility, ultimately working toward a safer, more inclusive beauty industry.
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Craig H. Alinder, Vice President