Endocrine Disrupting Chemicals in Hair Straighteners Class Action

The plaintiff in this case, Shmeka Gethers, was diagnosed with uterine fibroids in 2003, had a related hysterectomy, and was never able to have children. This class action alleges that the cause of these issues was her use of chemical hair straighteners or relaxers. The complaint alleges that products from L’Oréal USA, Inc., Soft Sheen-Carson, LLC, Strength of Nature Global, LLC, Beauty Bell Enterprises, LLC (and related companies) are harmful to users because they contain endocrine disrupting chemicals that may pose health risks.

The Nationwide Class for this action is all persons in the US who bought and used the products at issue within the applicable statutes of limitations and who were diagnosed with uterine cancer, endometriosis, or uterine fibroids. A South Carolina Subclass has also been defined for all persons in the above class in South Carolina.

The products at issue include Dark and Lovely, Optimum, Soft & Beautiful, Motions, Just for Me, and Africa’s Best hair straighteners or relaxers.

“In an analysis of ingredients in 1,177 beauty and personal care products marketed to Black women,” alleges the complaint to this class action, “about one in twelve (12) were ranked highly hazardous on the scoring system of EWG’s Skin Deep Cosmetics Database…. The worst-scoring products marketed to African American women were hair relaxers.”

According to the complaint, these products “are applied to the base of the hair shaft and left in place for a ‘cooking’ interval, during which the relaxer alters the hair’s texture by purposefully damaging the hair’s natural protein structure.” The smoothing effect lasts for an average of four to eight weeks, the complaint says, after which new growth appears and the treatment needs to be done again.

At times, the products may inflict burns or lesions on the scalp, and these injuries can allow the chemicals further entry into the body.

Endocrine disrupting chemicals (EDCs) can cause harm, the complaint alleges, especially when they are used over a long period of time. Particularly associated with exposure to EDCs, the complaint alleges, are uterine cancer, uterine fibroids, and endometriosis.

The complaint alleges that, while the Food and Drug Administration (FDA) does not require the makers of cosmetics, such as the hair straighteners, to perform specific safety tests on their products, “it is against the law to put an ingredient in a cosmetic that makes the cosmetic harmful when used as intended.”

Under current US laws, the complaint alleges, the makers of cosmetics are responsible for determining that their products are safe and for warning consumers if any of them are associated with a health hazard. The complaint claims that plenty of information has been available about EDCs in hair straighteners or relaxers and that that information “should have alerted manufacturers of these products to the specific and dangerous harms associated with their products when used as intended[.]”

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of warranty, Contaminated with Harmful Substances, Fraudulent Concealment, Negligence, Strict Product Liability—Defective Design, Strict Product Liability—Failure to Warn