Hair Relaxer Lawsuit

Eligibility and Filing Process

Individuals who are looking to join the hair relaxer Multi-District Litigation must understand both the eligibility criteria and the filing process. Here’s a guide to help you navigate if you qualify and the steps involved.

Criteria for Filing a Hair Relaxer Lawsuit in the MDL

To be eligible for filing a lawsuit in the hair relaxer MDL, you need to meet the following criteria:

• Product Usage: You need to have used hair relaxer products, especially those manufactured by companies like L’Oréal, Revlon, and others involved in the lawsuits.
• Health Impact: You also need a diagnosis of health conditions linked to these products, such as uterine cancer, ovarian cancer, or similar issues.
• Usage Frequency: The use of the hair relaxer products should be regular, defined in some cases as at least four times a year.
• Timing of Diagnosis: To comply with legal timelines, the health diagnosis should typically be recent, often within the last few years.

Eligible plaintiffs can initiate a lawsuit directly in the MDL court or transfer an existing suit to the MDL. This consolidation under one judge aims to streamline proceedings for numerous cases with similar allegations.

The Statute of Limitations for Hair Relaxer Lawsuits

The statute of limitations is a legal principle that defines the timeframe within which you must file a lawsuit after an injury. This timeframe varies by state and is particularly relevant for hair relaxer lawsuits due to the nature of the injuries involved, which may not become apparent immediately.

Each state has its own rules for the statute of limitations on personal injury claims, including those related to product liability. For hair relaxer lawsuits, this period generally ranges from two to six years, starting from when the injury was discovered or should have been reasonably discovered.

This discovery rule is crucial because injuries such as cancers may not be diagnosed until years after exposure to harmful chemicals.

If you file a lawsuit after the statute of limitations has expired, your case will likely be dismissed without being heard, which can prevent you from pursuing compensation. This is why it is essential to be aware of the timelines and act within them to preserve your legal rights.

Because of the complexities of the statute of limitations, it is advisable to seek advice from a lawyer who specializes in personal injury or product liability law. An attorney can provide guidance tailored to your situation, including an accurate timeline for filing a lawsuit based on the specific laws of your state.

Hair Relaxers and Health Risks

To understand the health risks associated with chemical hair treatments, you need to familiarize yourself with both the types of treatments in question and the specific chemicals they contain. These products often include harsh substances that can lead to significant health issues, especially with long-term or frequent use.

Types of Chemical Hair Treatments

Chemical hair treatments designed to alter hair texture come in various forms, each with potential risks. Here’s a brief look at the most common types:

• Lye-based Relaxers: These contain sodium hydroxide, which effectively straightens hair but can cause severe burns and hair loss if used improperly.
• No-lye Relaxers: Made with calcium hydroxide and guanidine carbonate, these are marketed as gentler than lye-based relaxers but can still cause scalp irritation and dryness.
• Keratin Treatments: Often called Brazilian blowouts, these use formaldehyde or its derivatives, which are known to release harmful gases during the application process.

After choosing a treatment type, it's crucial to consider the specific products and their ingredients, as these can vary in terms of strength and potential side effects.

The Dangerous Chemicals in Hair Relaxers

The safety concerns surrounding hair relaxers are largely due to the chemicals they contain, which can be hazardous to both hair and overall health:

• Sodium Hydroxide: Found in lye relaxers, this strong alkali can cause severe burns to the skin and damage the hair shaft.
• Formaldehyde: Used in many keratin treatments, it is a known carcinogen that can cause respiratory issues and skin reactions upon exposure.
• Calcium Hydroxide: This chemical, used in no-lye relaxers, can cause scalp burns and hair breakage if not used according to directions.

Understanding these chemicals and their effects can help you make safer choices in hair care. Choosing products wisely and following application guidelines meticulously reduces the risk of adverse effects, ensuring better hair and scalp health.

Fibroids

Fibroids are benign tumors that grow within the muscle tissue of the uterus. They are among the most common reproductive system tumors in women, often leading to heavy menstrual bleeding, pain during periods, and pelvic discomfort. While they are not cancerous, fibroids can significantly impact a woman's quality of life and fertility.

Research has indicated a potential link between the use of hair relaxers and the increased risk of developing fibroids, particularly among African American women. Studies suggest that the chemicals in hair relaxers, which can penetrate the scalp through lesions or burns, might disrupt hormonal balance and contribute to fibroid development.

For instance, a study noted that women who frequently used hair relaxers over a decade showed a higher occurrence of fibroids. This link appears to be influenced by the chemicals in relaxers, which act as endocrine disruptors, affecting estrogen levels, which play a crucial role in fibroid growth. [1,2]

Uterine Cancer

Uterine cancer involves the development of cancerous cells in the tissues of the uterus, typically presenting as endometrial cancer, which affects the lining of the uterus. It's a significant health concern and is particularly prevalent among postmenopausal women. Symptoms may include abnormal vaginal bleeding, pelvic pain, and weight loss, though early stages may be asymptomatic.

Recent studies have highlighted a concerning link between the frequent use of chemical hair relaxers and an increased risk of uterine cancer. These products, which often contain potent chemicals like formaldehyde and phthalates, are thought to contribute to higher cancer risks due to their endocrine-disrupting properties.

An NIH study reported that women who used hair straighteners more than four times a year had more than twice the risk of developing uterine cancer by age 70 compared to non-users. Moreover, a BWHS has found that women who frequently use hair relaxers are at a higher risk of developing uterine cancer compared to those who do not use these products. [3,4]

Ovarian Cancer

Ovarian cancer is a serious disease where malignant cells form in the tissues of the ovaries. It's known for being particularly dangerous because it often goes undetected until it has spread within the pelvis and abdomen. At this late stage, ovarian cancer is more challenging to treat and is frequently fatal.

Recent studies note a potential increase in ovarian cancer risk among women who frequently use hair relaxers along with other hair straightening products. This study suggested that the chemicals in these products, which include known endocrine disruptors, could be contributing to this increased risk.

Additionally, Drugwatch reports that further research has indicated that the frequent use of hair straighteners and relaxers, and possibly permanent hair dyes, might be associated with an increased occurrence of ovarian cancers. [5,6]

Breast Cancer

Breast cancer arises when cells in the breast begin to grow uncontrollably. This growth can lead to the formation of a tumor that is often detectable by an x-ray or felt as a lump. Symptoms of breast cancer can vary but typically include a new lump in the breast, changes in breast shape or size, and skin changes like dimpling.

Research has shown a potential link between the use of hair relaxers and an increased risk of breast cancer. Chemicals found in hair relaxers, such as formaldehyde, parabens, and phthalates, are known to be endocrine disruptors and carcinogens. These substances can interfere with the hormonal system and potentially lead to breast cancer.

Namely, one study found that regular use of hair straightening chemicals or relaxers increased breast cancer risk by 31%. Additional research noted a higher risk of breast cancer associated with the use of hair straighteners and relaxers. This risk was particularly noted in frequent users of these products​. [7,8]

Defendants in the Hair Relaxer Cancer Lawsuit

In the ongoing litigation concerning hair relaxer products linked to various cancers, numerous companies have been named as defendants:

• L'Oréal USA, Inc.: A major player in the cosmetics industry, frequently named in lawsuits concerning hair relaxer products.
• SoftSheen-Carson: Known for its beauty products targeted at African American consumers, also a regular defendant in these cases.
• Strength of Nature: Another company involved, known for its hair care products.
• Dabur International: This company has been involved in legal actions, although some cases against it were dismissed due to jurisdictional issues.
• Namaste Laboratories: Often included in lawsuits for its hair care formulations.

It's important to note that as these legal proceedings evolve, additional companies may be added to the list of defendants based on new evidence or legal arguments presented in court.

Legal Considerations and Potential Outcomes

Currently, there is no standalone class action lawsuit specifically for uterine cancer claims related to hair relaxer products. Instead, these claims have been incorporated into a larger Multi-District Litigation (MDL No. 3060) in the US District Court for the Northern District of Illinois.

Potential Settlement Amounts for Hair Relaxer Lawsuits

Determining potential settlement amounts for hair relaxer lawsuits involves navigating a complex array of factors. The severity of the medical condition, the strength of the evidence connecting the hair relaxer to the ailment, and unique individual circumstances all play a crucial role in shaping the settlement figures.

Historically, settlements in product liability cases can vary widely. For severe cases, such as those involving cancer, settlement amounts often range from $100,000 to $1,500,000. These higher figures reflect the serious nature of the illness and the substantial impact it has on the individual's life.

The settlement amounts tend to be lower for less severe conditions; however, depending on the specifics of each case, even these lesser conditions can still attract significant settlements.

Timeline for Settling the Hair Relaxer Lawsuit

The timeline for settling hair relaxer lawsuits remains uncertain due to the intricate nature of these cases. They often involve complex legal and medical questions that necessitate extensive evidence gathering and expert testimonies. This meticulous process can significantly prolong the pretrial phase.

If these cases proceed to trial instead of reaching early settlements, the timeline could extend even further. Trials are typically lengthy, involving multiple stages from jury selection to final verdict, all of which contribute to a prolonged process.

Currently, considering the ongoing progression and the scheduling of some trials, a resolution might not be reached until late 2025 or even beyond. This projection takes into account the various stages involved in litigation, from initial filings to potential appeals.