Dark & Lovely Relaxers Contain Endocrine Disrupting Chemicals Class Action

Hair straighteners or relaxers are the subject of this class action against 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 a subclass have been defined for this action:

• The Multi-State Class is all consumers who bought any hair straightener or relaxer products in the US and its territories, excluding California, between May 25, 2017 and the present, for personal use or consumption.
• The Missouri Subclass is all consumers who bought any of the defendants’ hair straightener or relaxer products in Missouri, between December 2, 2012 and the present, for personal use or consumption.

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: endometriosis, abnormalities in reproductive organs, various cancers, altered nervous system and immune function, respiratory problems, metabolic issues, diabetes, obesity, cardiovascular problems, and growth, neurological and learning disabilities.”

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.”

The complaint alleges that “it is against the law to put an ingredient in a cosmetic that makes the cosmetic harmful when used as intended.” But it is up to the makers of cosmetics to evaluate the safety and effectiveness of their products, and to warn consumers if any health hazard is connected to their products.

 

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