Dark & Lovely Relaxers and Endocrine Disrupting Chemicals Class Action

The subject of this class action is hair straighteners or relaxers offered by L’Oreal USA, Inc., L’Oreal USA Products, Inc., and Softsheen-Carson, Inc. under different brand names, including Dark & Lovely. The complaint alleges that the products are contaminated with endocrine disrupting chemicals (EDCs), such as phthalates, that can have negative effects on women’s health. These EDCs are not mentioned on the products’ labels, the complaint claims, making them misbranded.

A class and four subclasses have been defined for this action:

• The Nationwide Class is all consumers who bought the hair straightener or relaxer products in the US or its territories (excluding California), between November 8, 2016 and the present, for personal use or consumption.
• The complaint also proposes Michigan, Louisiana, Mississippi, and New Jersey Subclasses, for those in the above class who bought the products in those respective states. The Louisiana Subclass also narrows the class period to between November 8, 2021 and the present

The products at issue include the following:

• Dark & Lovely Relaxer Triple Nourished Silkening Relaxer No-Lye
• Dark & Lovely Relaxer Healthy Gloss 5 Shade Shea Moisture No-Lye Relaxer
• Dark & Lovely Relaxer No-Lye Conditioning Relaxer System
• Dark & Lovely Relaxer Healthy Gloss 5 Moisturizing No-Lye Relaxer with Shea Butter
• Dark & Lovely Relaxer Superior Moisture Plus No-Lye Relaxer Kit
• Dark & Lovely Relaxer Moisture Plus No-Lye Relaxer
• Optimum Smooth Relaxer Professional multi-mineral reduced PH Crème Relaxer

According to the complaint, EDCs “are known to increase a woman’s risk of: harm and/or injury including endometriosis, abnormalities in reproductive organs, various cancers, altered nervous system and immune function, respiratory problems, metabolic issues, diabetes, obesity, cardiovascular problems, growth, [and] neurological and learning disabilities.” The complaint discusses the potential effects of these substances in more detail.

Relaxers are applied at the bottom of the hair shaft and then left on for a time, during which, the complaint alleges, “the relaxer alters the hair’s texture by purposefully damaging the hair’s natural protein structure. The effect of this protein damage straightens and smooths the hair.”

Over a period of about four to eight weeks, the hair grows out farther and another treatment is needed for that new growth, meaning that women who use relaxers have treatments every four to eight weeks, sometimes for years on end.

The complaint alleges, “The toxic chemicals in hair relaxers are absorbed and metabolized through direct skin contact. Moreover, hair relaxers can, and often do, cause burns and lesions in the scalp, further facilitating entry of hair relaxer constituents into the body.”

Even so, the complaint claims, the “hormonally active and carcinogenic compounds, such as phthalates,” that relaxers contain are not listed as ingredients on the packaging, but may be included in categories such as “fragrance” or “perfume.”

Makers of cosmetics, the complaint claims, are supposed “to assess the safety and efficacy of their products, and to warn consumers anytime a health hazard may be associated with their products.”

Article Type: Lawsuit
Topic: Consumer
Tags: Cancer Risk, Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Labels, Strict Product Liability—Defective Design, Strict Product Liability—Failure to Warn