OGX Haircare Products Hair Loss and Scalp Irritation Class Action

In 2012, Johnson & Johnson Consumer, Inc. (JJCI) announced that it was removing certain ingredients from its consumer products by the end of 2015. One of these was DMDM hydantoin. Later, however, it acquired Vogue International, including its OGX hair care products, which do contain DMDM hydantoin. The complaint for this class action alleges that the company knows this substance is harmful, and that it can lead to hair loss and scalp irritation.

Two classes and a subclass have been defined for this action:

• The National Class is all persons in the US who bought the products.
• The Consumer Fraud Multi-State Class is all persons in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington who bought the products.
• The Illinois Subclass is all persons in Illinois who bought the products.

The products at issue include a long list of OGX shampoos and conditioners that are listed on pages 3-13 of the complaint, which is linked below.

According to the complaint, JJCI puts “misrepresentations in large bold font on the Products’ front labels about nourishing, reviving, enhancing natural softness, and repairing damaged hair and leaving hair thicker, full[er], and healthier.”

The ad campaigns and marketing for the products, on its website and elsewhere, promise that the shampoos and conditioners contain specialized ingredients, such as argan oil, biotin and collagen, coconut oil, or pomegranate, that the complaint says are “intended to nourish and revive damaged or dry hair, add softness and shine, and prevent frizzing and tangling…” JJCI claims that they “deeply nourish,” “gently cleanse,” and “repair hair.”

But the complaint claims this is not at all true, because “the Products contain an ingredient or combination of ingredients that causes significant hair loss and/or scalp irritation upon proper application. At least one ingredient of the Products, DMDM hydantoin, is a formaldehyde donor known to slowly leach formaldehyde when coming into contact with water.” Formaldehyde is a carcinogen, the complaint alleges, that can cause problems when absorbed through the skin.

DMDM hydantoin is used as a preservative, but the complaint contends that using this substance “creates an entirely unnecessary risk because various safer natural alternatives exist.” The complaint lists a number of these alternatives. Therefore, the complaint claims, the products “are rendered dangerous and unsafe for sale as over-the-counter hair smoothing shampoo products.”

The complaint alleges that JJCI knew of the risks of using such a strong chemical on the hair and scalp, but concealed the dangers and did not warn customers; instead, it claimed the products were good for the hair.

The counts include common law fraud and violations of state consumer protection laws, among other things.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals