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Staying Informed: Latest Updates on Hair Relaxer Lawsuits (2024 Update)

07/1/2024
Mass Torts
BY

If you have concerns about the health risks associated with chemical hair relaxers, you are not alone. Several studies have confirmed that the chemicals in these products can cause cancer and other serious health problems, and there are now thousands of chemical hair relaxer lawsuits pending in courts across the United States.

Despite these well-known risks, companies like L’Oreal and Revlon are continuing to sell chemical-based hair relaxers, including products that contain parabens, formaldehyde and other cancer-causing chemicals. While sales of these products have dropped significantly with growing awareness of their risks, these companies still make tens of millions of dollars per year selling chemical hair relaxers to salons, at retail stores and online. As recently reported in The New York Times:

“[A] 2020 analysis found that 10.5 million Americans used home hair permanents and relaxers, and clients are still having their hair relaxed at salons. . . . [and a]n estimated 89 percent of Black women in the United States have used hair relaxers at least once, according to a 2020 study . . . .”

More lawsuits are being filed every week; and, as a result, companies like L’Oreal and Revlon are facing mounting pressure to settle individuals’ and families’ claims. Here is a look at some more of the latest updates on hair relaxer lawsuits in 2024:

July 2024

As of July 2024, there are more than 8,000 cases pending in the hair relaxer multidistrict litigation (MDL), with hundreds of additional lawsuits pending in state courts in Georgia and Illinois. We are continuing to hear from women and families who have questions about their legal rights on a regular basis, and we are continuing to file additional lawsuits against L’Oreal, Revlon, and approximately a dozen other hair relaxer manufacturers.

June 2024

Additional hair relaxer lawsuits were filed in June as the MDL continued playing out in federal court. However, some plaintiffs also decided to drop their lawsuits, bringing the total number of cases down slightly. This is not unusual, as some people simply decide that they no longer want to be involved in the process—often as a result of not having clear expectations at the outset. At Searcy Denney, we work closely with all of our clients to ensure that they are making informed decisions with a clear understanding of what they can expect if they decide to move forward.

May 2024

In May, the court appointed a Special Master over the defendants’ objections. Additionally, dozens of new cases were filed. Otherwise, the hair relaxer MDL mostly continued as expected, with various issues and disputes bubbling up as the parties focus on meeting pre-trial deadlines and managing the extraordinary volume of discovery—which is only expected to grow in the coming months.

Also in May, the U.S. Food and Drug Administration (FDA) missed a deadline to ban the use of formaldehyde in hair relaxer products. This is an unfortunate development that came without an explanation from the agency. The risks associated with using formaldehyde in these products are well-known, and it is disappointing to see that the FDA simply declined (or failed) to take action.

April 2024

In April, Revlon filed a motion to dismiss more than 500 of the hair relaxer lawsuits filed against it, claiming that the plaintiffs had failed to timely file a Proof of Claim in the company’s Chapter 11 bankruptcy proceeding. Revlon filed for bankruptcy right around the time that lawsuits began flowing in. The parties continued to disagree regarding the appointment of a Special Master, and discovery-related disputes continued as well—all as more plaintiffs joined the litigation from states across the country.

March 2024

In March, the parties continued to discuss the appointment of a Special Master in the hair relaxer MDL. The plaintiffs and the judge agreed on who they believed would be well-suited to the role, and the plaintiffs objected to the defendants’ recommendations based on concerns regarding impartiality. Ultimately, the defendants still opposed the appointment of a Special Master entirely.

Several new defendants were added to the hair relaxer MDL in March as well. These included Advanced Beauty Systems Inc., Bronner Brothers Inc., John Paul Mitchell Systems, Murray’s Worldwide Inc., RNA Corporation, Roux Laboratories, Wella AG, and Wella Operations US LLC. Also in March, Avlon Industries faced a motion for sanctions from the plaintiffs alleging that the company was failing to properly participate in the discovery process.

February 2024

In February, the parties to the hair relaxer MDL disputed whether the judge should appoint a Special Master to oversee certain aspects of the litigation. A Special Master is typically a retired lawyer or judge who has extensive experience handling complex trials. While the plaintiffs in the MDL have largely supported the appointment of a Special Master, the defendants have objected, and have sought to limit any compensation paid to a Special Master to no more than $10,000 per month. This would drastically limit the Special Master’s role in the litigation, and we think that this proposal is unlikely to be approved.

January 2024

In mid-January, the judge presiding over the MDL scheduled the first trials for hair relaxer lawsuits. The trial dates were initially set for November 3, 2024 and February 2, 2026, though it is possible that these dates could change. It is also possible that the defendants could agree to a global settlement that resolves the majority of plaintiffs’ claims before these dates arrive. If a settlement has not been reached before these dates arrive, then these first two trials will provide key insight into what other plaintiffs can expect in terms of either continuing to pursue their claims in court or targeting an out-of-court settlement.

Discuss Your Legal Rights with a Hair Relaxer Lawsuit Attorney at Searcy Denney

Do you have questions about filing a hair relaxer lawsuit? If so, we strongly encourage you to schedule an appointment with one of our attorneys. To learn about your legal rights for free, call 800-780-8607 or request a complimentary consultation online today.

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